Northern Ohioans Protecting the Environment v. Shank

Appellants, Northern Ohioans Protecting The Environment (“NOPE”), Merle Pearson, Kathryn Pearson and William Warner, appeal a decision of the Environmental Board of Review (“EBR”) and raise two assignments of error, as follows:

“I. The Environmental Board of Review erred in finding that the facility could be operated under a part A permit since it was not continuously in operation since before 9, 1980 [sic],

“II. The Environmental Board of Review erred in finding that the director acted lawfully when he issued per mit [sic] in its final form in which the terms and conditions of said permit did…