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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.