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State v. Alexander Bros., Inc.

Citation: 5 ELR 20030
No. No. 74-CA-6, 334 N.E.2d 492/43 Ohio App. 2d 154, (Ohio Ct. App., 11/01/1974)

The court reverses a lower court and holds that plaintiff need not show irreparable harm in order to obtain injunctive relief against an unlicensed stripmining operation. Injunctive relief is a statutorily authorized remedy under the state law prohibiting stripmining without a license, and therefore is not subject to the general principles governing equitable jurisdiction. The statute itself imposes no limitation on the injunctive remedy, and an award of injunctive relief under the law thus cannot be conditioned on a showing of irreparable harm.

Counsel for Plaintiff
William J. Brown Attorney General
Jay McKirahan
Bruce E. Cryder Asst. Attorneys General
1930 Belcher Drive, Building D
Columbus, Ohio 43224

Counsel for Defendants
Ralph L. Kinsey
Robert J. Shedlarz
16 East Wooster Street
Navarre, Ohio 44662