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· 9/28/2023

Hawkins v. Ohio Dept. Natural Resources

Citations

  • 2023 Ohio 3493

Syllabus

Common pleas court correctly found that ODNR's order was supported by reliable, probative, and substantial evidence, and in accordance with law. ODNR's process for determining Lake Erie Coastal Erosion Areas complied with the statutory mandate to take into account protective measures implemented to reduce shoreline recession. The statutes and regulations governing identification of coastal erosion areas did not require ODNR to grant an individual exception for a property found to be within a coastal erosion area. Appellants failed to show that identification of their property as being within a coastal erosion area infringed their constitutional rights.

Judges: Dorrian

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