Lo and behold, in reviewing whether any of the Ohio Dormant Mineral Act cases decided by the Ohio Supreme Court in September 2016 were appealed to the U.S. Supreme Court we discovered, in fact, one was: Walker v. Shondrick-Nau, No. 16-776, 2016 WL 7336573 (U.S.) (Dec. 14, 2016).
The petition for writ of certiorari presents two questions for review, arguing that the Ohio Supreme Court’s decisions violated the Due Process Clause and the Contracts Clause of the U.S. Constitution by retroactively applying the 2006 version of the Dormant Mineral Act to divest property interests which had vested in landowners pursuant to the 1989 version of the statute.
A response to the Petition for Writ of Certiorari is due January 18. Stay tuned...
Click here to view the petition.