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Judge rules for developer in wetland case

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By Steve Bennish, Staff Writer 4:42 PM Thursday, April 9, 2009

A Dayton municipal judge has ruled against the Ohio attorney general in the high profile case of a developer accused criminally of bulldozing an exceptionally high-quality wetland surrounded by woods along Harshman Road for a commercial strip in 2006.

Under Ohio law, developers need special permits to do work that affects natural water resources, including wetlands. The Ohio EPA had issued no such permit.

The wetland was along Harshman near the intersection with Brandt Pike, across the street from Meijer. It was the breeding ground for a large population of salamanders, one of a few such areas left in the region, experts said.

Said the attorney general in light of the decision: “We are disappointed and respectfully disagree with the decision. The reckless or intentional destruction of wetlands is a crime that will continue to be of great concern to the Ohio EPA and the Attorney General’s office. This outcome will not deter us from aggressively pursuing similar cases in the future.”

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