2013 Ohio 1916
Ohio Ct. App.2013Background
- Layco owns an oil and gas lease on 40 acres, originally executed in 1935; Layco is the lease assignee.
- Darren Lauer is the successor in interest to the lease and initiated suit to terminate for non-production.
- Layco answered and counterclaimed that Lauer interfered with Layco's access to oil and gas.
- Lauer moved for summary judgment; Layco opposed; trial court granted summary judgment in Lauer's favor.
- Layco appeals, arguing unclean hands and laches, but did not raise these in the trial court; appellate court affirms based on forfeiture of those arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting summary judgment on the lease-termination claim. | Lauer argues no genuine issue of material fact on non-production. | Layco contends there are factual disputes about production and access. | The Court affirms summary judgment; Layco forfeited unclean hands/laches by not raising them. |
Key Cases Cited
- Snyder v. Stevens, 2012-Ohio-4120 (4th Dist. No. 12CA3465, 2012-Ohio-4120) (principles of summary-judgment burden)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (initial burden on movant to identify evidence showing no genuine issue)
- Shover v. Cordis Corp., 61 Ohio St.3d 213 (1991) (waiver of issues not raised in trial court)
- Schade v. Carnegie Body Co., 70 Ohio St.2d 207 (1982) (general rule against reviewing unraised errors on appeal)
- DIRECTV, Inc. v. Levin, 128 Ohio St.3d 68 (2010) (summary-judgment standards and burden)
- State ex rel. Duncan v. Mentor City Council, 105 Ohio St.3d 372 (2005) (statutory/constitutional review standards for motions)