Archive for e-news

2018 Ohio Lakefront Group Annual Meeting

 The 2018 Ohio Lakefront group Meeting will be held on  Thursday May 31 at the Lodge at Geneva-on-the-Lake.
 Please note the location this year will be on the Eastern  side of the Lake.
  The address is:
Geneva-on-the-Lake Lodge & Conference Center
4888 North Broadway (State Route 534)
Geneva-on-the-Lake, Ohio 44041
  Registration is at 6:30 with the meeting at 7:00.
OLG President Tony Yankel will discuss the result of the settlement of the class action lawsuit against the ODNR, including how much money ODRN paid, where the money went and how it was distributed by the Claims Administrator.  Given the recent damage and erosion to structures and property along the shoreline, Tony will also discuss what we know of ODNR’s response to what is truly is an “emergency” situation.
Guest speaker Dr. Charles (Eddy) Herdendorf, professor emeritus of OSU’s Stone Lab, will address erosion problems, and most importantly, what can be done quickly and at a reasonable expense to mitigate those problems and/or repair your existing shoreline structures.
We have also invited several lakefront contractors who build and repair lakefront structures.  This will be a great opportunity for you to ask what they can do, how they do it, general costs, etc.
Refreshments, coffee, and soda will be available.
Directions: Take Route 20 to State Route 534 North/ N Broadway. Continue on 534 N for 3.9 miles. Conference Center entrance is located on the left pastGeneva State Park. Psrk on the left side of the lot and use the doors to the left of the main entrance.

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File your Claim and Receive What you are Owed from ODNR

Myths: You need a Submerged Lands to file – FALSE
It is difficult to file – FALSE
The money you receive is not worth your while – FALSE
Everyone knows they can receive money – FALSE
All lakefront property owners can be compensated for the illegal taking of their property by ODNR whether you think it actually affected you or not. PLEASE file your claim! Talk to all your neighbors and friends who own Lakeshore property and give them this information and/or a claim form so that they may file.

We are attempting to contact the many people who have fought for this Court ruling as possible to benefit from the decision and collect from ODNR. The deadline is approaching. The Settlement Administrator must receive the claim by October 12.

Any lakeshore property owner should follow these instructions and file a claim form. To read these instructions and receive a claim, you should visit the website which also provides the Legal Stipulation and the Preliminary Order from the Court approving the Stipulation. (You can skip the Preliminary Order and Stipulation scroll down to the claim form to avoid confusion) This website provides all information including phone number and address of the Administrator.
Click here to view and print the Claim form.

Please DO NOT contact the Court except as provided on the Settlement Administrator website.

Since the settlement is being handled by a third party, questions should be referred to the third party as provided in the legal notice. It would be good if we were given a copy of the questions and a copy of the answers.

Please contact the Claims Administrator if you have any questions about submitting your claim!
Telephone (toll-free): 1-844-360-2770
Mailing Address
Merrill v. ODNR Claims Administrator
c/o JND Class Action Administration
PO Box 6878
Broomfield, CO 80021

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Army Corps of Engineers Great Lakes Water Levels

Many of you have wondered about water levels as they seem to be high again this year, and indeed they are.

The Army Corps of Engineers releases a bulletin every month showing lake levels for all the Great Lakes. At present, there is no way to receive this by email, but if you use the link every month, about the 5th or 6th, you should see the latest updates and projections. Just click on this link and you will go to the ACOE site with the information.

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OLG Files for Summary Judgement with Court

August 5, 2015

This brief basically states that all the facts are now known and undisputed. Everything that ODNR has done to take private property is a matter of public record and no further proceedings by the Court should be necessary.
The brief asks that damages be awarded to all Lakeshore property owners without further litigation.

The conclusion of the brief states:
Since the creation of its coastal management program, ODNR has taken measures that directly interfere with Class Plaintiffs’ property rights. By giving the public an unfettered and unqualified right to enter onto portions of privately owned property located lakeward of the OHWM and thereby destroying Class Plaintiffs’ right to exclusive use of that property, which was established by Sloan more than 130 years ago, ODNR engaged in what the United States Supreme Court and courts around the country have recognized as a permanent physical occupation requiring compensation.
ODNR has deprived Class Plaintiffs of their right to exclude others from their private property, a right that the United States and Ohio Supreme Courts have recognized as one of the most important rights associated with property ownership, and one with which a governmental entity may not interfere without providing compensation.
This Court should accordingly continue the long tradition of Ohio courts in protecting private property rights, and find that ODNR’s conduct constitutes a taking that gives ODNR a clear legal duty to commence appropriations proceedings, and vests in the Class Plaintiffs a corresponding legal right to have such proceedings commenced. The Class Plaintiffs have no adequate remedy at law for ODNR’s taking of their property, and therefore a writ of mandamus compelling the State to determine the amount of compensation owed is warranted.
For all of these reasons, the Court should grant Class Plaintiffs’ Motion for Summary Judgment on Count II of the First Amended Complaint, and issue a writ of mandamus compelling the State to commence appropriations proceedings to determine the amount of compensation owed to each of the Class Plaintiffs for the State’s taking of their private property rights.
Read the entire brief by clicking this link: OLG Motion for Summary Judgment on Count II 7-29-15.
The State will likely file a brief in opposition. It has until September 14 to file.

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