Ohio Department of Natural Resources v. Hemlock Pipeline, Inc.

Stephenson, Presiding Judge.

This is an appeal from a judgment entered by the Meigs County Common Pleas Court following a bench trial in favor of Hemlock Pipelines, Inc. and Nancy J. Campbell, defendants below and appellees herein. The Ohio Department of Natural Resources, Division of Reclamation, plaintiff below and appellant herein, appeals and assigns the following error:

“The trial court erred, as a matter of law, in holding that the Ohio Department of Natural Resources is estopped from recovering an overpayment made to a contractor.”

The following facts are pertinent to this appeal. In…