Trans Rail America, Inc. v. Enyeart

{¶ 1} The issue in this case is whether the Environmental Review Appeals Commission (“ERAC”) has jurisdiction to hear an appeal from a decision of a local board of health that a license application for a facility for the disposal of construction and demolition debris is incomplete. We conclude that ERAC has jurisdiction to entertain such an appeal if the letter is a final decision that substantially affects the applicant’s property or other legal rights.

I

{¶ 2} In May 2004, appellee, Trans Rail America, Inc. (“Trans Rail”), applied to the Trumbull County Health Department for a license to…