Judge Lucci requested the parties to brief on the status of class certification. Specifically, if the class was still active and the future plans for re-certification if necessary. The parties were given 10 days to respond.

The State responded that the Class ended with the Supreme Court ruling and that no class currently exists. Further, the State does not plan to seek re-certification for counts 2 and 3 of our lawsuit.

The second count was to seek remedy from the State if the OHWM was not the 573.4 elevation as claimed by the State. The third count was to cause the State to enter into eminent domain proceedings if the OHWM was found to be 573.4 elevation as claimed by the State.

OLG and Intervening Plaintiff Homer Taft responded that the Class does currently exist and will exist until the State complies with the ruling of the Courts. With regard to the second count, OLG suggested that no re-certification is necessary since the class will be identical, consisting of all littoral property owners on Lake Erie. Should the Court decide that re-certification is necessary, OLG would follow the process as originally done in June of 2006. This would only apply to Count 2 as the 3rd count is moot since the Court found that the OHWM is not 573.4 elevation as claimed originally by ODNR. Following are the brief links.

OLG’s Brief Regarding Class Issues

Intervening Plaintiffs Taft Brief on Further Class Certification Questions

State Brief on Class Issues