State Ex. Rel. DeWine v. Mass Realty, L.L.C.

Sylvia S. Hendon, Judge.

{¶ 1} This case involves an appeal from the trial court’s ruling, following a bench trial, in an action that plaintiff-appellant, Ohio Attorney General Mike DeWine, on behalf of the Director of the Ohio Environmental Protection Agency (“EPA”), brought against defendant-appellee, Mass Realty, L.L.C. (“Mass Realty”). The trial court held that the state was not entitled to collect response costs that the EPA had charged against Mass Realty, and it assessed a $5,000 civil penalty against Mass Realty for violations of orders that had been issued by the EPA.

{¶ 2} Because the…