THE STATE EX REL. MERRILL, trustee, ET AL., Appellees; TAFT, Appellee and Cross-Appellant,
v.
OHIO DEPARTMENT OF NATURAL RESOURCES ET AL., Appellants and Cross-Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Porter, Wright, Morris & Arthur, L.L.P., and Kathleen M. Trafford , Special Counsel for appellants and cross-appellees Ohio Department of Natural Resources and Director David Mustine.
Chester, Willcox & Saxbe, L.L.P., Charles R. Saxbe , and Gerhardt A. Gosnell II , in support of the state's first proposition of law on behalf of amici curiae former Ohio Attorneys General Betty Montgomery, Jim Petro, and Nancy Rogers.
The Law Office of Colin Bennett, L.L.C., and Colin William Bennett , in support of appellants and cross-appellees on behalf of amici curiae Joseph Sommer, Frances Buchholzer, Robert Teater, Ohio Bass Federation, Izaak Walton League of America, Ohio Chapter, and Northeast Ohio Watershed Council.
R.S. Radford and Luke A. Wake ; and Michael R. Gareau & Associates Co., L.P.A., and David M. Gareau , in support of appellees on behalf of amicus curiae, Pacific Legal Foundation.
John P. O'Donnell, L.L.C., and John P. O'Donnell ; and Baker & Hostetler, L.L.P., and John H. Burtch , urging affirmance on behalf of amici curiae Willow Beach Club, Brookwood-Cresthaven Beach Club, Inc., the Linwood Park Company, and the Ohio Association of Realtors.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Bruce G. Hearey , and LerVal M. Elva , in support of appellees on behalf of amicus curiae National Federation of Independent Business Small Business Legal Center.
Michael E. Gilb , urging affirmance on behalf of amicus curiae Geauga Constitutional Council.
Smith, Martin, Powers & Knier, P.C., and David L. Powers , in support of class-action plaintiffs on behalf of amicus curiae Save Our Shoreline.
Chad A. Endsley , in support of class-action plaintiffs on behalf of amicus curiae Ohio Farm Bureau Federation.
Faulkner, Muskovitz & Phillips and Robert M. Phillips ; and Patrick A. D'Angelo , urging affirmance on behalf of amici curiae Ohio Fraternal Order of Police Lodge 8 and Cleveland Police Patrolmen's Association.
Montgomery Consulting Group, L.L.C., Betty Montgomery , opposing the state's second proposition of law on behalf of amicus curiae Betty Montgomery.
Shannon Lee Goessling , in support of class-action plaintiffs on behalf of amicus curiae Southeastern Legal Foundation, Inc.
Maurice A. Thompson , urging affirmance on behalf of amicus curiae 1851 Center for Constitutional Law.
Supreme Court of Ohio.
O'DONNELL, J.
{¶ 1} We are asked to resolve three issues on appeal and cross-appeal: first, whether the state of Ohio, as distinct from the Ohio Department of Natural Resources ("ODNR"), has standing to appeal from the decisions of the trial and appellate courts in this case; second, whether the court of appeals properly held that the trial court did not abuse its discretion in permitting...
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