Johnson's Island Prop. Owners' Assn. v. Schregardus

In Johnson's Island Prop. Owners' Assn. v. Schregardus (June 30, 1997), 10th Dist. No. 96APH10-1330, 1997 Ohio App, the Johnson's Island Property Owner's Association ("JIPOA") and its individual trustees appealed the Director's issuance of a PTI authorizing Baycliff's Corporation ("Baycliff's") to construct a sanitary sewer system to the EBR. Following a de novo hearing, the EBR vacated the PTI. Baycliff's appealed to this court, arguing, inter alia, that JIPOA lacked standing to appeal the Director's action to the EBR. The Court noted that, at the de novo hearing, JIPOA members testified about potential problems associated with the sanitary sewer system: (1) the possible breakage of an eight-inch pressurized line to be laid along the causeway leading to Johnson's Island; (2) the possibility of overflows and odors emanating from the pump stations and manholes created by the construction of the sewer system; (3) possible damage to a historic cemetery for Confederate officers caused by the construction of the sewer system; (4) the effect the construction could have on the Lake Erie watersnake habitat, which is indigenous to the island. Testimony at the hearing also indicated that some JIPOA members' houses had been shaken by the blasting done in connection with the construction of a portion of the sewer, which was already underway. Upon this evidence, we concluded that JIPOA had standing to appeal the Director's action. The Court stated that "although the evidence of actual injury to members of JIPOA, such as their homes being shaken by the construction blasting, is slight, and some of the threatened injury borders on the overly speculative, the evidence, when viewed in its totality, supports a finding that members of JIPOA have suffered an 'injury in fact' for purposes of establishing their standing to bring their claim against Baycliff's." Id.