State ex rel. DeWine v. ARCO Recycling, Inc.

Citations

• 2022 Ohio 1758

Syllabus

Construction and demolition debris R.C. Chapter 3714 failure to identify witnesses and documents during discovery failure to supplement discovery motion in limine clear and convincing evidence operating an unlicensed construction and demolition debris facility illegal disposal of construction and demolition debris failure to comply with Ohio EPA director's orders public nuisance penalties and costs not excessive. The trial court did not abuse its discretion by granting plaintiff's motion in limine to exclude defendants' witnesses and evidence where defendant failed to provide discovery on same. The plaintiff proved by clear and convincing evidence that defendants operated an unlicensed construction and demolition debris facility, illegally disposed of construction and demolition debris, failed to comply with Ohio EPA director's orders, and created a public nuisance. The penalties imposed on the defendants are not excessive because the record demonstrates that the defendants' actions created an extreme risk of harm, they benefitted financially, they acted with deliberate indifference to the law, and the plaintiff incurred extraordinary costs in cleanup at the facility.