Legal Opinion
Forest Hills Utility Co. v. Whitman
Ohio Supreme Court
Decided January 29, 1975No. Nos. 73-874, 73-915 and 74-8PublishedCited by 2 opinions
1Opinion of the CourtO’Neill, C. J.
The primary issue in these procedurally complex appeals is whether Ohio’s 1972 Environmental Protection Act (Amended Substitute Senate Bill No. 397, 134 Ohio Laws 695) authorizes the Director of Environmental Protection to rectify an inadequate public water supply situation by invoking' the emergency-order power granted him under R. 0. 6111.06(C).
The statutory history behind the relevant statutes leads this court to conclude he is not so authorized, and hence his July 9, 1973, order was unlawful.
The original predecessors of R. C. 6111.01 through 6111.08, inclusive, as they existed prior to…
2Cases cited3 opinions
- Klein v. Bendix-Westinghouse Automotive Air Brake Co.Ohio Supreme Court · 1968
- Kennedy v. ChalfinOhio Supreme Court · 1974
- Jones v. First National Bank of BellaireOhio Supreme Court · 1931
3Cited by2 opinions
- Department of Administrative Services v. State Employment Relations BoardOhio Supreme Court · 1990
- State ex rel. Add Venture, Inc. v. GillieOhio Supreme Court · 1980