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.