BK Builders, Ltd. v. E. Ohio Gas
2014 Ohio 3850
Ohio Ct. App.2014Background
- BK Builders, Ltd. and Renner appeal a trial-court summary judgment granting relief to East Ohio Gas on declaratory judgment claims about subsurface oil and gas rights underlying real property.
- The dispute centers on ownership of subsurface mineral interests and whether Marketable Title Act effects give BK standing.
- Renner transferred ownership to the Tammy Trust in Oct 2012, after initial ownership by the Terry R. Renner Revocable Trust.
- BK and Renner filed an amended complaint in Jan 2013; the trial court held Renner lacked standing and granted summary judgment.
- The appellate court remanded for further consideration of Marketable Title Act effects and held BK’s standing issue requires remand, while affirming in part and reversing in part.
- The court ultimately affirmed some aspects of the judgment and reversed/remanded others based on standing and Marketable Title Act questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Renner have standing when the first amended complaint was filed? | Renner had standing via the Trust ownership at filing | Renner no longer owned the parcels when amended complaint filed | Renner lacked standing; amended complaint substituted changed party ownership |
| Did BK have standing to pursue declaratory relief regarding subsurface rights? | BK relied on Marketable Title Act to show standing | Marketable Title Act did not create BK standing | Remanded; disputed Marketable Title Act effects require trial court determination |
| Was summary judgment proper given Marketable Title Act issues? | Marketable Title Act issues affect ownership and standing | Act does not support BK ownership | Remand permitted to resolve Marketable Title Act applicability |
| Should the trial court’s ruling be affirmed or reversed with respect to standing and ownership? | Partial reversal for BK standing; partial affirmation | Affirm as to standing determinations | Affirmed in part, reversed in part; remanded for Marketable Title Act proceedings |
Key Cases Cited
- State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (Ohio 1996) (standard of review for Civ.R.56 and public records)
- Ohio Pyro, Inc. v. Ohio Dept. of Commerce, 115 Ohio St.3d 375 (Ohio 2007) (standing and declaratory relief standards)
- Moore v. City of Middletown, 133 Ohio St.3d 55 (Ohio 2012) (standing and declaratory relief considerations)
- Steiner v. Steiner, 85 Ohio App.3d 513 (Ohio Ct. App. 4th Dist. 1993) (amended complaint substitutes for original pleading)
- Rhea v. Federer, 2014-Ohio-1979 (2nd Dist. Clark) (standing; breadth of declaratory-relief statutes)