State Ex Rel. Rogers v. Elbert

Moore, Judge.

{¶ 1} Appellant, the state of Ohio on relation of the Ohio Attorney General (“the state”), appeals from a judgment of the Lorain County Court of Common Pleas that entered judgment against it on most of its claims that Lome Elbert Jr., doing business as Elbert Excavating and Wrecking and Elbert Building Co., and Kasper Properties, Inc., also owned by Lome Elbert Jr., had violated Ohio environmental laws. This court reverses and remands for proceedings consistent with this opinion.

I

{¶ 2} On September 8, 2003, at the request of the director of the Ohio Environmental Protection…