OHIO ENVIRONMENTAL DEV. LTD. v. OHIO ENVIRONMENTAL PROTECTION AGENCY

No. 09AP-683.

2010 Ohio 414

Ohio Environmental Development Limited Partnership, Plaintiff-Appellant, v. Ohio Environmental Protection Agency et al., Defendants-Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on February 9, 2010.


Attorney(s) appearing for the Case

McMahon DeGulis LLP, Stephen H. Daniels, Michael S. McMahon, and Evan J. Palik, for appellant.

Richard Cordray, Attorney General, Velda K. Hofacker-Carr, Kristin S. Boggs, and Robert K. James, for appellee Ohio Environmental Protection Agency.


DECISION

SADLER, J.

{¶1} Plaintiff-appellant, Ohio Environmental Development Limited Partnership ("appellant"), appeals from the judgment of the Court of Claims of Ohio, in which that court granted the Civ.R. 12(B)(6) motion of defendant-appellee, Ohio Environmental Protection Agency ("appellee"), to dismiss appellant's complaint for breach of contract and promissory estoppel.

{¶2} According to the complaint, in...

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