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VILLAGE OF HARBOR VIEW v. JONES

Nos. 10AP-356, 10AP-357

2010-Ohio-6533

Village of Harbor View, Appellant-Appellant, v. Christopher Jones, Director of Environmental Protection et al., Appellees-Appellees, The Sierra Club, Appellant-Appellant, v. Christopher Jones, Director of Environmental Protection et al., Appellees-Appellees.

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

Rendered on December 30, 2010.

Attorney(s) appearing for the Case

Peter A. Precario and Megan De Lisi , for appellant Village of Harbor View.

Tucker Ellis & West LLP, Irene C. Keyse-Walker , Martin H. Lewis , Nicholas C. York and Eric D. Weldele , for appellee FDS Coke Plant, LLC.

E. Dennis Muchnicki , for appellant The Sierra Club.

Richard Cordray , Attorney General, and Gary L. Pasheilich , for appellee Director of Environmental Protection.

DECISION

KLATT, J.

{¶1} Appellants, The Sierra Club and the Village of Harbor View, appeal from a final order of the Environmental Review Appeals Commission ("ERAC") granting summary judgment to appellee, FDS Coke Plant, LLC ("FDS"). For the following reasons, we affirm in part and reverse in part.

{¶2} FDS wants to build a coke plant in Oregon, Ohio, which is located just outside of Toledo. On June 14, 2004, the...

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