Henderson v. Stalder
2024 Ohio 3037
| Ohio Ct. App. | 2024Background
- The case concerns the ownership of oil and gas rights (the "Egger Interest") underlying property in Monroe County, Ohio.
- The rights were reserved by S.W. and Aura Egger in a 1910 deed; current claims are made by both Henderson relatives (Plaintiffs/Appellants) and by the current surface owners, the Stalders (Defendants/Appellees).
- The Stalders followed the Dormant Mineral Act (DMA) process to declare the Egger Interest abandoned and vest it in themselves, including public record and internet searches, attempted notice by certified mail, and ultimately notice by publication.
- The trial court granted summary judgment to the Stalders, finding their search and abandonment procedure reasonable and effective.
- The Hendersons appealed, arguing deficiencies in the Stalders' compliance with DMA notice requirements and that the Marketable Title Act (MTA) issues had not been ruled upon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable Diligence under DMA | Stalders did not perform a diligent search; should have searched Mahoning County records | Stalders' search was reasonable; no evidence they had knowledge of Mahoning residence | Stalders' search was reasonably diligent |
| Sufficiency of DMA Abandonment Notice | Published notice was defective; Vivian Egger Henderson's name not included | Notice sufficient; only record holders (S.W. and Aura Egger) named | Notice was deficient; failure to name known successors is fatal |
| Summary Judgment on MTA Claims | Trial court erred by not addressing MTA claims | Not addressed directly | Summary judgment reversed; matter remanded for MTA claim |
Key Cases Cited
- Gerrity v. Chervenak, 164 Ohio St.3d 293 (Ohio 2020) (outlining steps for reasonable diligence under DMA and publication notice requirements)
- Fonzi v. Brown, 169 Ohio St.3d 70 (Ohio 2022) (clarifying search obligations when information points to alternative county of mineral interest holder)
- Welco Indus., Inc. v. Applied Cos., 67 Ohio St.3d 344 (Ohio 1993) (summary judgment should be granted cautiously and all doubts resolved in favor of the non-moving party)