STARK C & D DISPOSAL, INC. v. BD. OF HEALTH OF STARK CTY. COMBINED GEN. HEALTH DIST.

Nos. 10AP-51, 10AP-103

2010 Ohio 4607

Stark C & D Disposal, Inc., Appellant-Appellee, v. Board of Health of the Stark County Combined General Health District, Appellee-Appellee, (Osnaburg Township Board of Trustees et al., Appellees-Appellants). Stark C & D Disposal, Inc., Appellant-Appellee, v. Board of Health of the Stark County Combined General Health District, Appellee-Appellant, (Osnaburg Township Board of Trustees et al., Appellees-Appellees).

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

Rendered on September 28, 2010.


Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Deborah Dawson and Amy A. Sabino, for appellant Board of Health of the Stark County Combined General Health District.

Richard C. Sahli, for appellants Osnaburg Township Board of Trustees and Donna Middaugh, Trustee.

Walter & Haverfield LLP, Michael Cyphert and Leslie G. Wolfe, for appellee Stark C & D Disposal, Inc.


DECISION

TYACK, P.J.

{¶1} Appellee, Stark C & D Disposal, Inc. ("C & D"), operates a landfill in Osnaburg Township of Stark County, Ohio, which is in the city of East Canton. C & D operates under a license issued by the Board of Health of the Stark County Combined General Health District ("Board of Health"), under the authority of the Ohio Environmental Protection Agency. The Board of Health and the Osnaburg Township Board of...

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