STATE EX REL. KERNS v. SIMMERS

No. 2016-1011.

153 Ohio St.3d 103 (2018)

2018-Ohio-256

THE STATE EX REL. KERNS ET AL. v. SIMMERS, CHIEF, ET AL.

Supreme Court of Ohio.

Decided January 16, 2018.


Attorney(s) appearing for the Case

Phillip J. Campanella , for relators.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Samuel C. Peterson , Deputy Solicitor, and Brian J. Becker , Assistant Attorney General, for respondents.

Porter, Wright, Morris & Arthur, L.L.P., L. Bradfield Hughes , Christopher J. Baronzzi , and Ryan T. Steele , urging denial of the writ for amicus curiae American Petroleum Institute.

Vorys, Sater, Seymour & Pease, L.L.P., Gregory D. Russell , John J. Kulewicz , and Ilya Batikov , urging denial of the writ for amici curiae Ohio Oil and Gas Association, Southeastern Ohio Oil and Gas Association, Artex Energy Group, L.L.C., Ascent Resources — Utica, L.L.C., Carrizo (Utica), L.L.C., EnerVest Operating, L.L.C., and Hess Ohio Developments, L.L.C.

McGinnis, Lochridge & Kilgore, L.L.P., and Bruce M. Kramer , urging denial of the writ for amicus curiae Bruce M. Kramer.


{¶ 1} In this original mandamus action, a group of landowners ("the landowners") seeks an order compelling the Ohio Department of Natural Resources' Division of Oil and Gas Resources Management ("the division") and its chief, Richard Simmers, to commence appropriation proceedings to compensate the landowners for their...

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