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· 12/14/2023

State ex rel. Yost v. Crossridge, Inc.

Citations

  • 2023 Ohio 4721

Syllabus

CONTEMPT – civil 20 violations landfill three acres, or approximately 43,000 tons, of solid waste sitting exposed to the elements widespread environmental hazards each $250 fine levied consecutively this matter has been litigated at length since its inception in 1999 purge terms alleged impossibility abuse of discretion standard of review a contemnor's unsubstantiated claims of financial difficulties do not establish an impossibility defense to contempt charges Appellant cannot demonstrate the trial court's purge terms (nearly five additional years) are unreasonable, arbitrary, or unconscionable R.C. 2705.05(A)(1) the legislature cannot limit a court's inherent power to punish contempt the court did not abuse its discretion in imposing a cumulative $5,000 fine for Appellant's 20 counts of contempt as the size of the fine is not disproportionate to the magnitude and continuing nature of his noncompliance and defiance judgment affirmed.

Judges: D'Apolito

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