
    98-2549.
    State ex rel. Lucas Cty. Bd. of Commrs. v. Ohio Environmental Protection Agency.
   In Mandamus. On answer of intervening respondent Envirosafe Services of Ohio, Inc. and on motion to dismiss. This cause originated in the court upon the filing of a complaint in mandamus. Upon the court’s determination pursuant to S.Ct.Prac.R. X(5),

IT IS ORDERED by the court that an alternative writ is hereby GRANTED and that the following schedule be set for the presentation of evidence and the filing of briefs:

The parties shall file any evidence they intend to present within twenty days of this entry. Respondent Ohio Environmental Protection Agency shall file an unredacted copy of the ESOI 1997 Grab and Hold Tracker under seal with its evidence. Relator shall file its merit brief within twenty days of the filing of the evidence; respondents shall file their merit briefs within twenty days of the filing of relator’s merit brief; and relator shall file any reply brief within five days after the last of respondents’ merit briefs is filed.

IT IS FURTHER ORDERED that relator’s claims are DISMISSED as to those portions of the ESOI 1997 Grab and Hold Tracker that it has now received.

Lundberg Stratton, J., dissents and would dismiss the cause.  