Kuzior v. Fisher
2017 Ohio 4359
| Ohio Ct. App. | 2017Background
- Dispute over ownership of oil and gas rights beneath an ~80-acre Monroe County parcel; appellee (Kuzior) owns the surface; appellants trace mineral interest to a 1927 reservation.
- Appellants leased the mineral interest in 2012 to Hall and Ross; in May 2012 Kuzior recorded an Affidavit of Abandonment and filed a quiet-title / declaratory-judgment action in November 2012.
- Trial court granted summary judgment to Kuzior, concluding the 1989 Ohio Dormant Mineral Act (ODMA) operated automatically to vest the minerals in the surface owner and declared the 2012 lease void.
- Appellants appealed, arguing the 1989 ODMA is not self-executing and that the 2006 ODMA applies to post-2006 claims.
- The Seventh District held the Ohio Supreme Court’s rulings control: the 1989 ODMA is not self-executing and the 2006 ODMA governs claims filed after 2006; thus the trial court erred and summary judgment for Kuzior was reversed and remanded.
Issues
| Issue | Plaintiff's Argument (Kuzior) | Defendant's Argument (Appellants) | Held |
|---|---|---|---|
| Whether the 1989 ODMA automatically vested dormant mineral rights in the surface owner | 1989 ODMA is self-executing; minerals deemed abandoned and vested in surface owner | 1989 ODMA was not self-executing; 2006 ODMA governs post-2006 claims and its procedures must be followed | 1989 ODMA is not self-executing; 2006 ODMA applies to claims filed after 2006; trial court erred |
| Whether summary judgment was proper to quiet title in favor of Kuzior based on the 1989 ODMA | Minerals had abandoned by statutorily defined period and therefore vested in Kuzior | The 2006 statute’s notice/recording framework governs such claims; summary judgment based on 1989 ODMA was improper | Summary judgment for Kuzior reversed; case remanded for proceedings under applicable law |
| Validity of 2012 Paid-Up Lease after trial court’s ruling | Implicit: lease void because minerals had vested in surface owner | Lease valid if mineral interest still exists and 2006 ODMA procedures not satisfied by Kuzior | Trial court’s order voiding the lease reversed along with summary judgment |
| Constitutional challenge to applying 1989 ODMA as self-executing | Argued by appellants below | Trial court found 1989 ODMA constitutional as applied | Moot on appeal because higher-court statutory interpretation resolved in appellants’ favor |
Key Cases Cited
- Comer v. Risko, 106 Ohio St.3d 185 (Ohio 2005) (standard of review for summary judgment and de novo appellate review)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (moving party’s burden in summary-judgment proceedings)
- Welco Industries, Inc. v. Applied Cos., 67 Ohio St.3d 344 (Ohio 1993) (cautionary rule on awarding summary judgment; resolve doubts for nonmoving party)