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Broadway Christian Church v. Republic Steel Corp.

Citation: 7 ELR 20592
No. No. 37154, 361 N.E.2d 1090/50 Ohio App. 2d 98, (Ohio Ct. App., 12/13/1976)

The Ohio Environmental Board of Review properly exercised its discretion when it temporarily prohibited operation of a coke oven battery pending determination of the validity of a consent agreement which authorized installation before a permit was obtained. Issuance of a stay order against a new source is proper when its operation will violate state law through excessive emission of pollutants and resultant interference with ambient air standards. The Board also properly exercised its authority when it required appellee Broadway Christian Church to post a $5,000 bond. Since the proposed battery has never been in operation, any expenses incurred in maintaining standby condition are not of uch extraordinary nature as to require positing of more than this nominal bond. Further, policy favoring private challenges to allegedly illegal administrative actions would be defeated if public interest groups were required to post higher bonds.

Counsel for Appellant
Victor E. DeMario, James C. Sennett
Jones, Day, Reavis & Pogue
1700 Union Commerce Bldg., Cleveland OH 44115
(216) 696-3939

Counsel for Appellees
Ann Aldrich, Joseph P. Meissner, Jeffrey H. Olson
901 Bond Court Bldg., Cleveland OH 44114
(216) 687-0900

JACKSON, C.J., and SILBERT, J., concur.

SILBERT, J., retired, was assigned to active duty under authority of Section 6(C), Article IV, Constitution.