Bear v. Jones, 06ap-1271 (9-6-2007)

OPINION

{¶ 1} Appellant, Ohio Fresh Eggs, LLC ("Fresh Eggs"), appeals from an order of the Environmental Review Appeals Commission ("ERAC") that reversed the decision of the Director of the Ohio Environmental Protection Agency ("OEPA") dismissing the verified complaint of appellee, Robert Bear. Because the director's dismissal of Bear's verified complaint was not unlawful for lack of a promulgated rule, and because Bear's remaining substantive challenge to the director's decision is unavailing, we reverse.

{¶ 2} The facts underlying this appeal are undisputed. Fresh Eggs owns and operates an…