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IONNO v. GLEN-GERY CORP.

No. 82-129.

2 Ohio St. 3d 131 (1983)

IONNO ET AL., APPELLEES, v. GLEN-GERY CORPORATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 5, 1983.

Attorney(s) appearing for the Case

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., and Mr. Ronald W. Dougherty, for appellants Richard James, Jr., and Kermit James.

Messrs. Day, Ketterer, Raley, Wright & Rybolt and Mr. Donald W. Raley, for appellant Glen-Gery Corp.

Messrs. Black, McCuskey, Souers & Arbaugh and Mr. Gene Barnhart, for appellant Crescent Brick Co.

Mr. Dale T. Evans, for appellees.

Messrs. Thompson, Hine & Flory and Mr. Paul W. Brown, urging reversal for amicus curiae Ohio Mining & Reclamation Association.

Mr. Robert Shenk, urging affirmance for amicus curiae Ohio Farm Bureau Federation, Inc.

CLIFFORD F. BROWN, J.

In the present case, we are confronted with a situation in which a lessor under a mining lease seeks to enforce a forfeiture of that lease for breach of an implied duty to reasonably develop the leased premises. The lease in question contains no time period in which mining operations are required to commence, but does provide for both a percentage of the value of the minerals secured and the annual payment to lessor of advance minimum royalties...

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