2016 Ohio 2860
Ohio Ct. App.2016Background
- American Water Management Services (appellant) operated a saltwater injection well; the Division chief suspended operations by orders dated Sept. 3 and Sept. 5, 2014.
- Appellant appealed the chief's orders to the Ohio Oil and Gas Commission; after a March 11, 2015 hearing the commission issued a written Findings, Conclusions and Order on Aug. 12, 2015 affirming the chief.
- Appellant filed a notice of appeal from the commission's August 12 order in Franklin County Common Pleas on Sept. 8, 2015.
- The Division (appellee) moved to dismiss, arguing appellant failed to perfect the appeal under R.C. 1509.37 because it did not file the notice with the commission within 30 days of receiving certified notice of the commission's order.
- The trial court granted the motion to dismiss; on appeal the Tenth District considered whether the commission had complied with R.C. 1509.36’s certified-mail notice requirement, which triggers the statutory appeal period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellant timely perfected appeal under R.C. 1509.37 | Appellant says it complied by sending a certified copy of its trial-court notice to the commission within the statutory period | Division says appellant failed to file the original notice with the commission and/or sent the certified copy to the wrong recipient, so appeal was untimely | Court did not reach perfection issue on the merits because it found appeal period never began to run: commission had not complied with R.C. 1509.36 notice requirement |
| Whether the commission’s duty to mail certified notice under R.C. 1509.36 was satisfied | (Implicit) appellant assumes notice was effective and appeal period began | Division implicitly argues its mailing was adequate or that appellant’s failure to perfect is dispositive | Court held, following Sun Refining, that the appeal period does not commence until the commission fully complies with R.C. 1509.36’s certified-mail notice requirement |
Key Cases Cited
- Am. Restaurant & Lunch Co. v. Glander, 147 Ohio St. 147 (statutory conditions on appeals are jurisdictional)
- Sun Refining & Marketing Co. v. Brennan, 31 Ohio St.3d 306 (appeal period does not run until agency fully complies with certified-mail notice requirement)
- Hughes v. Ohio Dept. of Commerce, 114 Ohio St.3d 47 (agency must strictly comply with R.C. 119.09 before appeal period begins)
- Cleveland Elec. Illum. Co. v. Lake Cty. Bd. of Revision, 96 Ohio St.3d 165 (strict compliance with procedural statutes required for appeal timing)
- State ex rel. Elyria Foundry Co. v. Indus. Comm., 82 Ohio St.3d 88 (commission compliance with procedural requirements affects jurisdiction)