50 Ohio St. 2d 27 | Ohio | 1977
It is a generally accepted rule that in absence of fraud or collusion, a judgment for or against a governmental body, such as a municipal corporation, is binding and conclusive as res judicata on all residents, citizens and taxpayers with respect to matters adjudicated which are of general and public interest,
A more difficult question is raised by the claim that fluoride is a carcinogen based on statistics that the cancer death rate has increased in certain cities with fluoridated water, while remaining the same in certain other cities which do not fluoridate. The evidence for this claim has not been tested by litigation and is disputed by other authorities. This evidence has also been submitted to federal agencies and to the Congress.
The claim which was presented is in actual effect a claim that the order of the Director of Environmental Protection, affirmed in Cincinnati v. Whitman, supra, should now be reversed because the presence of fluorides in public water
It is apparent that this statutory scheme for review of actions by the Director of Environmental Protection is exclusive, and that the Court of Common Pleas of Hamilton County accordingly lacked jurisdiciton over the complaint at bar, which seeks to have an order issued by the director set aside. For that reason, the complaint was properly dismissed by the trial court, and the judgment of the Court of Appeals must be reversed.
Judgment reversed.
Thoms v. Greenwood (1878), 6 Ohio Dec. Rep. 639, affirmed 3 W. L. B. 1057; Cincinnati Union Stock Yards Co. v. Cincinnati (1913), 1 Ohio App. 452; Griffin v. Roseburg (Ore. 1970), 464 P. 2d 691; Greenberg v. Chicago (1912), 256 Ill. 213, 99 N. B. 1039; 1 Freeman on Judgments 956 (5 Ed. 1925); 50 Corpus Juris Secundum 337-40; 46 American Jurisprudence 2d 742.
Lakewood v. Rees (1937), 132 Ohio St. 399, 8 N. E. 2d 250.
Schimke v. Earley (1962), 173 Ohio St. 521, 184 N. E. 2d 209; Quinn v. State, ex rel. Leroy (1928), 118 Ohio St. 48, 160 N. E. 453.
Congressional Record, Dec. 16, 1975, Page H12732; Hearings before a Subcommittee of the Committee on Appropriations House of Representatives, Ninety-Fourth Congress, Second Session, Part 7, pages 1018-21 and 1063-70 (1976).