The Ohio Environmental Review Appeals Commission ruled 3-0 last month that Ohio Fresh Eggs did not misrepresent itself in an operating permit application. In ruling against the Ohio Department of Agriculture, the commission said that the state did not prove its case that the firm misrepresented itself by failing to disclose that Jack DeCoster was involved in Ohio Fresh Eggs’ operations. DeCoster’s involvement was stated in the application, the panel ruled.
In November, the State Ag Department revoked the permits of the company, claiming the connection with DeCoster was not disclosed. The state said it would not have granted Ohio Fresh Eggs a permit had the connection with DeCoster been known because of his history of environmental noncompliance, according to press reports. Ohio Fresh Eggs appealed that ruling to the appeals commission.
The state still has the option of appealing the environmental appeals panel ruling to the 10th Ohio District Court of Appeals. At press time, the state had not made a decision on whether to appeal.