Tri-State Group, Inc. v. Ohio Edison Co.

Waite, Judge.

{¶ 1} This is an appeal of a decision of the Belmont County Court of Common Pleas to grant a motion for summary judgment in a declaratory judgment action. The trial court determined that appellant, Tri-State Group, Inc., held legal title to fly ash that it had hauled away from the R.E. Burger power station in Dilles Bottom, Ohio, which is owned by appellee Ohio Edison Company. The fly ash is residue from coal burned at the power station. Some time ago, appellant entered into a contract to dispose of the fly ash, but the contract did not specifically state that appellant owned the…