Ohio Attorney General Cordray filed the Stateâ€™s reply to the OLG brief and those of Scot Duncan and Homer Taft.
The brief begins asserting that no matter the outcome of the AGâ€™s standing as viewed by the Supreme Court, the case should not be remanded to the Appellate Court, but should be heard directly by the Ohio Supreme Court. This is consistent with the OLG assertion in the case before the Supreme Court.
The AG continues to maintain that he has standing to defend the State sans any real named defendant. The brief cites nothing new in defending the AGâ€™s standing, relying on an implicit responsibility to continue the defense of ODNR after Governor Strickland issued his policy statement and ODNR and the Governor took separate attorney representation. (ODNR and the Governor filed no further briefs with the Courts subsequent to taking new representation.)
Governor Stricklandâ€™s policy that was supposed to cause the ODNR to cease and desist from charging private property owners to lease their own land from the State. The Governorâ€™s new policy, however, is moot since ODNR never released new administrative rules to eliminate the illegal practice and continues to send lease billings as before.Â As is required by ODNR, rules are reviewed and referred to JCARR periodically. Administrative rules were released last year to JCARR with NO CHANGES relative to the Governorâ€™s policy.
ODNR contends that new administrative rules, reviewed in public meetings in 2008, are ready for release. They further state that comment and other input from those (2008) meetings have been incorporated to the extent possible. The public has not yet seen the new revised rules.
To read the complete brief, click the link: State’s Reply Brief Supreme Court