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:
â€œThe 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.â€
“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 madeÂ Â 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 feesâ€¦â€
“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.
OLG will be filing a brief in rebuttal to the ODNR/State Brief for Reconsideration.