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IN RE ICEBREAKER WINDPOWER

No. 2021-0153.

207 N.E.3d 651 (2022)

169 Ohio St.3d 617

2022-Ohio-2742

IN RE APPLICATION OF ICEBREAKER WINDPOWER, INC., for a Certificate of Environmental Compatibility and Public Need for an Electric Generating Facility in Cuyahoga County, Ohio; Dempsey et al., Appellants; Power Siting Board, Appellee; Icebreaker Windpower, Inc., Intervening Appellee.

Supreme Court of Ohio.

Decided August 10, 2022.

Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, L.L.P., Mark D. Tucker , Columbus, and John F. Stock , for appellants.

Dave Yost , Attorney General, John H. Jones , Section Chief, and Thomas G. Lindgren , Kyle L. Kern , Cameron F. Simmons , and Katherine Walker , Assistant Attorneys General, for appellee.

Dickinson Wright, P.L.L.C., Christine M.T. Pirik , Terrence O'Donnell , Jonathan R. Secrest , Sara H. Jodka , and William V. Vorys , Columbus, for intervening appellee.

Taft, Stettinius & Hollister, L.L.P., Aaron M. Herzig , and Anna M. Greve , Cincinnati, urging affirmance for amicus curiae Great Lakes Towing Company.

Miranda Leppla , Trent Dougherty , and Chris Tavenor , urging affirmance for amicus curiae Ohio Environmental Council.

{¶ 1} Appellee, the Ohio Power Siting Board ("the board"), approved the application of intervening appellee, Icebreaker Windpower, Inc. ("Icebreaker"), for a certificate of environmental compatibility and public need to build a six-turbine wind-powered electric-generation facility in Lake Erie. Appellants, W. Susan...

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