RUMPKE SANITARY LANDFILL, INC. v. STATE

No. 2009-2004.

128 Ohio St.3d 41 (2010)

2010-Ohio-6037

RUMPKE SANITARY LANDFILL, INC., Appellee, v. THE STATE OF OHIO; COLERAIN TOWNSHIP ET AL., Appellants.

Supreme Court of Ohio.

Decided December 16, 2010.


Attorney(s) appearing for the Case

Keating, Muething & Klekamp, P.L.L., Joseph L. Trauth Jr. , Thomas M. Tepe Jr. , and Charles M. Miller , for appellee.

Brahm & Cunningham, L.L.C., Richard C. Brahm , Catherine A. Cunningham , and Aaron M. Glasgow , for appellants.

Michael H. Cochran , urging reversal on behalf of amici curiae, Township Association and Coalition of Large Ohio Urban Townships.


O'DONNELL, J.

{¶ 1} Colerain Township and its trustees appeal from a decision of the First District Court of Appeals, which affirmed the trial court judgment denying Colerain's motion to intervene in an action for declaratory judgment and injunctive relief filed by Rumpke Sanitary Landfill, Inc., against the state of Ohio, denying the state's motion to dismiss that action for failure to join Colerain, declaring the General Assembly's...

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