Trans Rail America, Inc. v. Enyeart

Klatt, Judge.

{¶ 1} This appeal originally arose from a ruling of the Environmental Review Appeals Commission (“ERAC”) that it lacked jurisdiction to review the decision of Dr. James Enyeart, the Trumbull County Health Commissioner, that the application of Trans Rail America, Inc. for a license to establish a construction and demolition debris facility was incomplete. This court reversed that ruling. Trans Rail Am., Inc. v. Enyeart, 10th Dist. No. 07AP-273, 2007-Ohio-7144, 2007 WL 4564303 (“Trans Rail I ”). The Supreme Court of Ohio accepted Enyeart’s appeal of our decision, and it vacated our…