STATE EX REL. AWMS WATER SOLUTIONS v. MERTZ

No. 2016-T-0085.

204 N.E.3d 140 (2022)

2022-Ohio-4571

STATE of Ohio EX REL. AWMS WATER SOLUTIONS, LLC, et al., Relators, v. Mary MERTZ, Director Ohio Department of Natural Resources, et al., Respondents.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

Decided: December 19, 2022.


Attorney(s) appearing for the Case

Matthew G. Vansuch and Brian A. Coulter , Brouse McDowell, LPA, 6550 Seville Drive, Suite B, Canfield, OH 44406; Kyle A. Shelton , Brouse McDowell, LPA, 388 South Main Street, Suite 500, Akron, OH 44311 (For Relators).

Dave Yost , Ohio Attorney General, State Office Tower, 30 East Broad Street, 16th Floor, Columbus, OH 43215; W. Scott Myers and Brett A. Kravitz , Assistant Attorneys General, Environmental Enforcement Section, 2045 Morse Road, Suite A-3, Columbus, OH 43229-6693; Matthew E. Meyer , Assistant Attorney General, Environmental Enforcement Section, 30 East Broad Street, 25th Floor, Columbus, OH 43215 (For Respondents).


OPINION

{¶1} This matter came for trial before this court on relators', AWMS Water Solutions, LLC, et al. (collectively "AWMS"), petition for writ of mandamus filed against respondents, Mary Mertz, Director, Ohio Department of Natural Resources, et al. (collectively "the Division"). Trial was...

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