THE STATE EX REL. OHIO ATTORNEY GENERAL, Appellee,
v.
SHELLY HOLDING COMPANY ET AL.; SHELLY MATERIALS, INC., ET AL., Appellants.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted November 16, 2011.
Decided December 6, 2012.
Attorney(s) appearing for the Case
Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, and Gregg H. Bachmann and Gary L. Pasheilich, Assistant Attorneys General, for appellee.
Bott Law Group, L.L.C., and April R. Bott; Chester, Wilcox & Saxbe, L.L.P., and Sarah Morrison, for appellants Shelly Materials, Inc. and Allied Corporation.
Brady, Coyle & Schmidt, Ltd., and Brian P. Barger, urging reversal for amici curiae Ohio Chamber of Commerce, Ohio Aggregates and Industrial Minerals Association, Flexible Pavements, Inc., Ohio Coal Association, Ohio Contractors Association, and Associated General Contractors of Ohio.
Supreme Court of Ohio.
CUPP, J.
{¶ 1} This appeal asks us to determine the proper method of calculating the civil penalty to be levied against an industrial facility for noncompliance with the terms of its air-pollution-control permit. The appellate court concluded that according to the terms of the Shelly Materials, Inc., permits, the penalty is to be calculated from the initial date of noncompliance until the facility demonstrates...
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