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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