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ATWATER TWP. TRUSTEES v. B.F.I. WILLOWCREEK LANDFILL

No. 92-1064.

67 Ohio St.3d 293 (1993)

ATWATER TOWNSHIP TRUSTEES ET AL., APPELLEES, v. B.F.I. WILLOWCREEK LANDFILL, APPELLANT.

Supreme Court of Ohio.

Decided September 15, 1993.

Attorney(s) appearing for the Case

David W. Norris, Portage County Prosecuting Attorney, Douglas M. Kehres and Denise L. Smith, Assistant Prosecuting Attorneys, for appellees.

Robertson, Ross, Zeglen & Pidcock and William S. Pidcock, for appellant.

WRIGHT, J.

This appeal presents a single issue: whether enforcement of a township's anti-nuisance zoning resolution is preempted by R.C. Chapter 3734. We hold that it is not.

R.C. Chapter 3734 broadly regulates the disposal of solid and hazardous waste in the state of Ohio. It empowers the Director of the Ohio Environmental Protection Agency ("Ohio EPA") to adopt rules for the inspection and licensing of solid...

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