State Ex Rel. Ohio Attorney General v. Shelly Holding Co.

{¶ 46} I respectfully dissent. By affirming the judgment of the Tenth District Court of Appeals, holding that excessive air emissions occurring during a stack test conducted at a facility’s maximum capacity establish a presumption that a continuing violation exists, the majority allows the state a lesser burden of proof and disregards the defendants’ right to due process.

{¶ 47} After a lengthy trial and meticulous findings of fact, and as part of the total enforcement penalty of $350,123.52, the trial court assessed a civil penalty of $4,500 for Shelly’s admitted violations in the seventh…