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CLERMONT ENVIRONMENTAL RECLAMATION CO. v. WIEDERHOLD

No. 82-280.

2 Ohio St. 3d 44 (1982)

CLERMONT ENVIRONMENTAL RECLAMATION CO. ET AL., APPELLEES, v. WIEDERHOLD ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Bauer, Morelli & Heyd Co., L.P.A., and Mr. Arnold Morelli, for appellees.

Mr. George E. Pattison, prosecuting attorney, and Mr. Robert A. Jones, for appellants.

Mr. James A. Rudgers, law director, Messrs. Szolosi & Fitch, Mr. Michael R. Szolosi and Mr. Stephen C. Fitch, urging reversal for amicus curiae city of Norton.

Mr. William J. Brown, attorney general, and Mr. Terrence M. Fay, urging affirmance for amicus curiae state of Ohio.

Messrs. Porter, Wright, Morris & Arthur, Mr. J. Jeffrey McNealey and Mr. Dale V. Bring, urging affirmance for amicus curiae Ohio Chamber of Commerce.

HOLMES, J.

In response to a rapidly growing public health problem in Ohio, the General Assembly, in 1980, enacted a comprehensive measure, by way of Am. S.B. No. 269, to more effectively control the disposal of hazardous wastes, such wastes generally being the chemical by-products of the industrial and manufacturing process. With the aim and purpose of reasonably assuring that the facilities in the state where hazardous wastes would be disposed of would be designed...

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