ANSWER OF DEFENDANTS GREENTOWN, LLC AND KASSEM OBED TO PLAINTIFF'S COMPLAINT; CERTIFICATE OF SERVICE October 06, 2023 (2024)

On August 07, 2023 aAnswerwas filedinvolving a dispute betweenState Of Ohio Ex Rel,andGreentown Llc,Obed, Kassem,for OTHER CIVILin the District Court of Darke County.

 
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 FILED OCT 0g 2923 IN THE COURT OF COMMON PLEAS Ce DARKE COUNTY, OHIO CLERK “pani Boo, fa CouRT STATE OF.OHIO, ex rel., Case No. 23 CV 00331 DAVE YOST OHIO ATTORNEY GENERAL. JUDGE TRAVIS L. FLIEHMAN Plaintiff, v. ANSWER OF DEFENDANTS GREENTOWN, LLC GREENTOWN, LLC AND KASSEM OBED TO Defendants. PLAINTIFF’S COMPLAINT a Defendants Greentown, LLC (“Greentown”) and Kassem Obed (“Obed”) collectively referenced below as Defendants, hereby individually answer the Complaint of Plaintiff State of Ohio (“Complaint”) as follows. As the first unnumbered paragraph of the Complaint, Greentown admits that it owns legal title to the property located at 841 Martin Street, Greenville, Darke County, Ohio. Greentown also admits that it operates the property as a gas station, Obed denies that he owns, or operates the gas station personally. Defendants deny the remainingallegations in this Paragraph. As to the second unnumbered paragraph of the Complaint, Defendants admit thatPlaintiff has instituted this action in accordance with R.C. Chapter 3737. Defendants responses to Plaintiff's numbered paragraphs in the Complaint are provided below along with corresponding numbers.GENERAL ALLEGATIONS Greentown and Obed admit the allegations in this paragraph. Greentown and Obed admit the allegations in this paragraph. Greentown and Obed admit the allegations in this paragraph. Greentown and Obed admit the allegations in this paragraph. Greentown and Obed admit the allegations in this paragraph. ‘Greentown admits it is the operator of the Site. Obed denies that he is the operator of the Site. Greentown admits that it is considered a “person” and “responsible person” for the Site. Obed denies all allegations in this paragraph. Greentown and Obed deny the allegations in this paragraph. Greentown and Obed deny the allegations in this paragraph.10. Greentown and Obed admit the allegations in this paragraph.1) Greentown and Obed admit the allegations in this paragraph.12 Greentown and Obed admit that BUSTR inspected the Site on September 16, 2021 but deny the remaining allegations in this paragraph.13. Greentown and Obed admit that BUSTR re-inspected the Site on October 26, 2021 but deny the remaining allegations in this paragraph.14. Greentown and Obed admit the allegations in this paragraph.15 Greentown and Obed admit the allegations in this paragraph.16. Greentown and Obed admit the allegations in this paragraph.17. Greentown and Obed admit the allegations in this paragraph.18 Greentown and Obed admit the allegations in this paragraph.19 Greentown and Obed deny that Plaintiff has authority to seek civil penalties against them in this matter.20 The responses of Greentown and Obed to Paragraphs 1 — 19 above are incorporated by reference. COUNT ONE 21 Greentown and Obed admit the allegations in this paragraph. 22. Greentown and Obed deny the allegations in this paragraph. 23 Greentown and Obed deny the allegations in this paragraph. 24. Greentown and Obed deny the allegations in this paragraph. 25. Greentown and Obed deny the allegations in this paragraph. COUNT TWO 26. Greentown and Obed admit the allegations in this paragraph. 27. Greentown and Obed deny the allegations in this paragraph. 28 Greentown and Obed deny the allegations in this paragraph. 29. Greentown and Obed deny the allegations in this paragraph. COUNT THREE 30. Greentown and Obed admit the allegations in this paragraph. 31 Greentown and Obed admit the allegations in this paragraph. 32, Greentown and Obed deny the allegations in this paragraph. 33 Greentown and Obed deny the allegations in this paragraph. 34, Greentown and Obed deny the allegations in this paragraph. To the extent that Plaintiff's Complaint contains any other allegations againstGreentown and/or Obed, they are denied. FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to state a claim against Greentown and Obed uponwhich relief may be granted.Wherefore, Defendants Greentown and Obed respectfully request that Plaintiff'sclaims be denied as to Greentown and Obed, that Greentown and Obed be awarded costsand expense$ of this action, and that the Court award Greentown and Obed such otherrelief as may be proper in this action. Respectfully submitted, Aart A Broun) Daniel A. Brown, Esq. (0041132) Brown Law Office LLC 204 S. Ludlow St., Suite 300 Dayton, Ohio 45402 (937) 224-1216 dbrown@brownlawdayton.com Counsel for Defendants Greentown, LLC and Kassem ObedCERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Answer ofDefendants was served on parties listed below on October 6, 2023 by electronic mail asprovided in Civ. R. 5(B)(2)(f).Kelly BeckerEmily HudsonAssistant Attorneys GeneralEnvironmental Enforcement Section30 East Broad Street, 25"* FloorColumbus, Ohio 43215Kelly.Becker OhioAGO. govEmily.Hudson@OhioAGO.govAttorneys for Plaintiff, the State of Ohio Maui A Broun) Daniel A. Brown, Esq. (0041132) Brown Law Office LLC 204 S. Ludlow St., Suite 300 Dayton, Ohio 45402 (937) 224-1216 dbrown@brownlawdayton.com Counsel for Defendants Greentown, LLC and Kassem Obed