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Brown v. County Commissioners of Scioto County

87 Ohio App.3d 704 (1993)

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Brown v. County Commissioners of Scioto County

Court of Appeals of Ohio

87 Ohio App.3d 704 (1993)

Facts

Jack and Barbara Brown (plaintiffs) lived next to a sewage-treatment plant operated by the County Commissioners of Scioto County (County) (defendant). Odors from the plant emanated onto the Browns’ property, at times rendering it impossible for the Browns to be outside. The Browns attempted to sell their house, but the prospective buyer withdrew when she learned of the fumes from the plant. The Browns became nauseous at times due to the fumes. The Browns filed suit against the County, alleging both nuisance and trespass. The Browns presented evidence that the County maintained the plant in poor condition. Specifically, the evidence showed that the plant’s equipment was old and in poor condition, that one of the plant’s oxidation ditches was inoperable, causing stationary sewage to breed bacteria, and that the plant had been cited multiple times by the Ohio Environmental Protection Agency. The trial court granted the County summary judgment on all counts. Barbara Brown appealed.

Rule of Law

Issue

Holding and Reasoning (Harsha, J.)

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