Mauersberger v. Marietta Coal Co.
2014 Ohio 21
Ohio Ct. App.2014Background
- In 1999 John S. and Susan Mauersberger leased 180 acres (surface and minerals) to Marietta Coal; the lease included a revocable license permitting John Mauersberger to graze cattle on an additional 300 acres controlled by Marietta so long as it didn’t interfere with mining.
- Paragraph 3 of the lease allowed Marietta Coal to terminate the lease by 30 days’ written notice if coal was no longer economically feasible to mine.
- By April 2001 Marietta Coal’s expert averred all economically recoverable coal had been removed; Marietta ceased mining and later sold the grazing acreage (sale finalized ~Dec. 30, 2002).
- Marietta sent written demand that Mauersberger remove cattle and fences before the sale; Mauersberger’s attorney replied Dec. 19, 2002, disputing termination.
- Plaintiffs filed suit (originally 2006, dismissed, refiled 2009). Marietta moved for summary judgment with three uncontested affidavits; plaintiffs submitted no affidavits in the trial court and later attempted to add one on appeal.
- Trial court granted summary judgment for Marietta; the appellate court affirmed, holding no genuine issue of material fact and that Marietta properly terminated the lease and revoked the grazing license.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Marietta gave proper notice to terminate under lease §3 | Mauersberger: notice required and was not properly given in the form required | Marietta: provided notice (and/or waived formalities); affidavits show performance of notice obligations | Court: No contested evidence; Marietta’s uncontested affidavits suffice — notice performed or waived; summary judgment for Marietta |
| Whether all economically profitable coal had been removed (precondition to termination) | Mauersberger: termination was premature because profitable coal remained | Marietta: expert affidavit shows all economically feasible coal removed by Apr. 2001 | Court: Uncontested expert affidavit establishes no profitable coal remained; valid ground to terminate |
| Whether grazing rights survived sale / ran with the land | Mauersberger: retained separate grazing rights even after sale | Marietta: grazing was a revocable license tied to Marietta’s control and was revoked on sale | Court: Lease and uncontested affidavits show license was revocable and terminated when Marietta lost control; no continuing easement |
| Whether plaintiffs’ December 19, 2002 letter preserved breach claims | Mauersberger: attorney’s letter constituted proper notice of breach and preserved rights | Marietta: there was no breach to cure; termination valid so plaintiff’s notice is moot | Court: Because Marietta was not in breach, plaintiffs’ notice of breach is moot; summary judgment for Marietta |
Key Cases Cited
- Inland Refuse Transfer Co. v. Browning-Ferris Indus. of Ohio, 15 Ohio St.3d 321 (1984) (clear unambiguous contracts may be enforced by summary judgment)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (three-part standard for granting summary judgment)
- Horton v. Harwick Chem. Corp., 73 Ohio St.3d 679 (1995) (summary judgment standards and review)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (movant’s initial burden and nonmovant’s reciprocal burden under Civ.R. 56)
- Prendergast v. Snoeberger, 154 Ohio App.3d 162 (2003) (uncontested movant affidavits may be taken as true on summary judgment)
- Ishmail, 54 Ohio St.2d 402 (1978) (appellate courts cannot consider evidence not in trial-court record)
- Awan, 22 Ohio St.3d 120 (1986) (issues not raised below ordinarily cannot be raised for first time on appeal)