Archive for April, 2013

OLG Briefs Rebuttal

April 11, 2013 – OLG Briefs Rebuttal to ODNR, the State of Ohio, and NWF/OEC Request for Reconsideration by the Appellate Court and State Brief in Support of Reconsideration

The quick summary to the OLG brief is that the Request for Reconsideration by the State’s is without merit and was erroneous in its assignment of errors to Judge Lucci’s Court.
Also, the Appellate Court is correct in reviewing only the status of our Class Certification.  The Appellate Court ruled that they would review only the matter of Class Certification, citing that the the other assignments of error were not ready for appeal.
OLG stated: “In arguing for reconsideration of this Court’s March 18, 2013 entry, the State cannot point to any error or failure by the court to adequately address or analyze the issues raised in the instant appeal. Rather, the State merely argues that it would have been “better” or “preferable” if the court had reached a different conclusion or engaged in a different analysis.
Further, quoting from our brief:
A. The Court did not err in declining to consider the merits of issues it had no jurisdiction to decide; considerations of ease and judicial economy do not create appellate jurisdiction where none otherwise exists.
B. The Court properly rejected the State’s attempt to re-argue the trial court’s certification of a class for purposes of Count I, which occurred six years ago.
C. The Court committed no obvious error or oversight in determining – in accordance with Ohio law – that one part of an order may be final and appealable while others are not.
In conclusion: “The State’s dissatisfaction with the Court’s March 18, 2013 Judgment Entry is insufficient to support a motion for reconsideration in the absence of any obvious error or failure of consideration by the Court. For the foregoing reasons, the Class Plaintiffs/Appellees respectfully request that the Court deny the State’s Motion for Reconsideration of Judgment Entry of March 18, 2013.”

ODNR submitted a brief in support of their Motion for Reconsideration. Their  basis is that the Appellate Court did not give “full consideration” to all the assignments or error noted by ODNR. Also full consideration should be withheld until the merits are all addressed in a single decision. ODNR continues to contend that the Class Certification does not extend to the other decisions by the lower court, such as the return by ODNR of illegally obtained lease fees by ODNR to property owners .

The briefs pile up as the State continues to bleed our funds, and at this point they are doing very well at the bleeding.

Read the OLG brief by clicking Class Plaintiffs-Appellee’s Brief in Opp to Motion of Defts-Apls to Reconsider

Read the ODNR brief by clicking ODNR Mtn Reconsider FAO as filed

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Appellate Court Decision on Appeals from Judge Lucci’s Court

April 6, 2013 – Response by Court to Appeal by ODNR/State and NWF and Request for Reconsideration by ODNR/State

In their appeal of February 8 ,2013 the state proffered that:

“The Trial Court erred and abused its discretion in determining that this action may be maintained as a class action for Count II of the Amended Complaint.”

“The Trial Court erred and abused its discretion in certifying a class and ordering relief in regards to the validity of submerged-land leases and claims for the return of payments made   under those leases.”

“The Trial Court erred and abused its discretion in determining that Plaintiff/Appellee Ohio Lakefront Group is a prevailing party for the purpose of its application for attorney fees…”

“The Trial Court erred and abused its discretion in determining the location of the boundary of the territory of Lake Erie held in trust by the State of Ohio”

The Appellate Court ruled that they would review only the matter of Class Certification, citing that the the other assignments of error were not ready for appeal.

The ODNR/State filed a brief for reconsideration citing that all the rulings should be appealable together thus avoiding multiple appeals on each count. They also spent significant effort on restating their case as to why the Class should not be continued to the second count of the lawsuit which would grant financial relief to leaseholders back to 1998 and grant other possible relief to other lakeshore owners for the illegal taking of their property. They likewise, refute that attorney fees should be paid by the State. The ODNR/State continue to maintain that OLG and the class were not the prevailing party in the decision of the Ohio Supreme Court.

To read the briefs filed with the Court click the links below.

ODNR/State Appeal

NWF/OEC Appeal

ODNR/State Motion to Court for Reconsideration

OLG will be filing a brief in rebuttal to the ODNR/State Brief for Reconsideration.

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