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STATE EX REL. STARK C&D DISPOSAL, INC. v. ENVIRONMENTAL REV. APPEALS COMM. OF OHIO

No. 10AP-1110.

2012 Ohio 1068

State of Ohio ex rel. Stark C&D Disposal, Inc., Relator, v. The Environmental Review Appeals Commission of Ohio, Respondent, [Osnaburg Township Board of Trustees et al., Intervening Respondents].

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

Rendered on March 15, 2012.

Attorney(s) appearing for the Case

Walter & Haverfield LLP, Michael A. Cyphert , and Leslie G. Wolfe , for relator.

Michael DeWine , Attorney General, and William J. Cole , for respondent The Environmental Review Appeals Commission of Ohio.

Richard C. Sahli , for intervening respondent Osnaburg Township Board of Trustees.

DECISION

KLATT, J.

{¶ 1} Relator, Stark C&D Disposal, Inc., commenced this original action in prohibition and mandamus seeking an order prohibiting respondent, Environmental Review Appeals Commission of Ohio ("ERAC"), from conducting further proceedings in the actions captioned Osnaburg Twp. Bd. of Trustees et al. v. Bd. of Health of the Stark Cty. Combined Gen. Health Dist. and Stark C&D Disposal, Inc., ERAC case Nos. 766439...

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