Legal Opinion · Concurring in part, dissenting in part

Clark v. Greene County Combined Health District

Ohio Supreme Court

Decided April 5, 2006No. 2004-1911Published

1Concurring in part, dissenting in partPfeifer, J.

{¶ 24} I agree with the majority that “local boards of health have the authority to require that a household sewer be directly connected to a sanitary sewerage system whenever such a system becomes accessible to the property,” citing DeMoise v. Dowell (1984), 10 Ohio St.3d 92, 10 OBR 421, 461 N.E.2d 1286, syllabus. I do not agree, with respect to a mandatory household connection, that “a municipality can require annexation agreements in exchange for providing water and sewer services.” For this proposition, the majority cites Bakies v. Perrysburg, 108 Ohio St.3d 361, 2006-Ohio-1190, 843…

2Cases cited2 opinions

  1. DeMoise v. DowellOhio Supreme Court · 1984
  2. Bakies v. City of PerrysburgOhio Supreme Court · 2006

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