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PUB. WORKS COMM. v. BARNESVILLE

No. 2020-1129.

223 N.E.3d 346 (2022)

172 Ohio St.3d 195

2022-Ohio-4603

OHIO PUBLIC WORKS COMMISSION, Appellee, v. The Village of BARNESVILLE et al., Appellants.

Supreme Court of Ohio.

Decided December 22, 2022.

Attorney(s) appearing for the Case

Dave Yost , Attorney General, Benjamin M. Flowers , Solicitor General, Samuel C. Peterson , Deputy Solicitor General, and Caroline Mills , Assistant Attorney General, for appellee.

Bricker & Eckler, L.L.P., Matthew W. Warnock , Aaron M. Bruggeman , Barnesville, Christine Rideout Schirra , and Kara H. Herrnstein , Columbus, for appellant Gulfport Energy Corporation.

Graham & Graham Co., L.P.A., Robert G. McClelland , Stephen R. McCann , and Travis M. Jones , Zanesville; and Myser & Myser and Adam L. Myser , for appellant the village of Barnesville.

{¶ 1} In this case, the Seventh District Court of Appeals held that use and development and alienation restrictions in a deed apply to both the surface and subsurface of the properties at issue and that appellant the village of Barnesville violated those restrictions when it transferred oil and gas rights to another...

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