· 6/7/2023
Jones v. Allen Cty. Common Pleas Court
Citations
- 2023 Ohio 2324
Syllabus
Pursuant to R.C. 2743.75(D)(2), and upon a Special Master's recommendation, the Court sua sponte dismissed Requester's Complaint.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that subject matter jurisdiction is tested as of the time of the filing of the complaint
- holding that the \to be in violation\ language in the Clean Water Act requires a showing of an ongoing or intermittent violation
- holding that the \to be in violation\ language in the Clean Water Act requires a showing of an ongoing or intermittent violation
- holding that if the defendant ceases its violations prior to the filing of the complaint, the action is barred
- holding that citizen plaintiffs may not sue for \wholly past\ violations of the Clean Water Act but must instead allege \continuous or intermittent\ violations
- holding that jurisdiction is established “when the citizen-plaintiffs make a good-faith allegation of continuous or intermittent violation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sadler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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