Sewer system permit appeal results in victory for Bricker client

Representing the Alexander Local School District in Albany v. Butler, Bricker & Eckler recently obtained a favorable ruling from the Ohio Court of Appeals, Tenth District. In short, the Village of Albany, Ohio, located in Athens County, challenged the Ohio Environmental Protection Agency's permit allowing the district to install an onsite sewage treatment system. The Environmental Review Appeals Commission granted a motion to dismiss for lack of standing.

On appeal, a cross-disciplinary team, consisting of construction attorneys Chris McCloskey, Desmond Cullimore and Tarik Kershah and environment attorney Christy Rideout Schirra, worked on behalf of the district, and in partnership with the Ohio Attorney General, to prove that the village lacked standing to challenge the grant of the permit. Ultimately, the court of appeals agreed and affirmed the decision of the Environmental Review and Appeals Commission to dismiss the case, citing that the village failed to demonstrate it met the legal standard to challenge the permit.