State ex rel. Celebrezze v. K & S Circuits, Inc.

The sole issue before this court is whether an order denying a jury trial to the state in an action commenced under R.C. Chapter 6111 (Water Pollution Control) is a final appealable order pursuant to R.C. 2505.02.

R.C. 2505.02 states in relevant part:

“* * * [A]n order affecting a substantial right made in a special proceeding * * * is a final order which may be reviewed * *

Appellant maintains that under R.C. 2505.02, the trial court’s decision was an order affecting a substantial right made in a special proceeding. Appellant argues that unnecessary time and expense will be spent if it is…