On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the question stated at page 3 of the Sixth Circuit Court of Appeals' order filed February 20, 2004:
"Does an Ohio homeowner have a property interest in so much of the groundwater located beneath the land owner's property as is necessary to the use and enjoyment of the owner's home?"
Resnick and Lundberg Stratton, JJ., dissent.
F.E. Sweeney, J., not participating...
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