DeMoise v. Dowell

The issue presented in this case is whether it is within the authority of the Stark County Board of Health (“board”) to require that whenever a sanitary sewerage system becomes accessible to a property, the household sewage disposal system must be abandoned and the property connected to the sewerage system and, if so, whether such a requirement constitutes a deprivation of due process of law. This court concludes that the General Assembly has properly delegated its police power with regard to public health and that therefore the board possesses the authority to issue orders requiring…