2014 Ohio 2102
Ohio2014Background
- Relators seek contempt and court-supervised mediation; ODNR claims funds exist and trials can proceed quickly.
- Flooding stems from 1997 dam spillway construction at Grand Lake St. Marys; 2011 finding of a taking.
- 2011 mandamus required ODNR to commence appropriation proceedings to determine compensation.
- 2012 contempt motion alleged delays; court held ODNR in contempt and ordered expedited appraisals and actions.
- 2003-flood-level parcels: appraisals ordered; 20 parcels above 2003 level to be addressed via declaratory actions.
- Relators now contend ODNR abandoned the 2003 flood level; ODNR maintains extent of taking limited to 2003-level parcels; surveys completed for those parcels.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ODNR's conduct supports contempt for delaying appropriations | Doner argues delays violate court orders | ODNR claims rapid progress and compliance | Contempt denied |
| Whether ODNR abandoned the 2003 flood level as taking extent | Doner asserts abandonment of 2003-level extent | ODNR maintains 2003 flood level remains the extent | Not abandoned; 2003-level extent recognized for those parcels |
| Whether surveys established the extent of the taking and guided appraisals | Doner contends surveys insufficient or incomplete | ODNR completed surveys based on 2003 flood extent | Surveys completed establish extent for 2003-level parcels; appraisals proceed accordingly |
Key Cases Cited
- State ex rel. Doner v. Zody, 130 Ohio St.3d 446 (2011-Ohio-6117) (mandamus to compel appropriation proceedings after taking finding)
- State ex rel. Doner v. Zehringer, 134 Ohio St.3d 326 (2012-Ohio-5637) (contempt show-cause proceedings; extent of taking tied to prior flood levels)