State Ex Rel. Merrill v. Ohio Department of Natural Resources
130 Ohio St. 3d 30
| Ohio | 2011Background
- Lake Erie territory held in trust by Ohio extends to the natural shoreline, i.e., the line at which the water usually stands when undisturbed.
- Merrill (trustee) and Taft (littoral owners) sued ODNR and the state seeking declarations that land lakeward of ordinary high-water mark falls to private owners under deeds and that the public trust does not include nonsubmerged lands.
- ODNR adopted a leasing policy for lakefront land; plaintiffs sought a declaration and mandamus to force payment or appropriation; ODNR later indicated it would not require leases for presumptively valid deeds.
- Trial court held the public-trust boundary is the water’s edge (moveable), and reformed deed descriptions extending into the lake; class certified for declaratory judgment.
- Court of appeals affirmed most aspects, but held the state lacked appellate standing; Supreme Court reverses on standing and upholds intervenor permissive/intervention, clarifying the public-trust boundary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal | State is an independent party aggrieved by adverse judgments. | ODNR ceased activity; state lacks standing if ODNR withdraws. | State has standing as an independent aggrieved party. |
| Intervention of NWF and OEC | NWF and OEC have interests and common questions warrant intervention. | Intervention not properly supported under Civ.R. 24(A)/(B). | Intervention appropriate; court did not abuse discretion. |
| Boundary of the public-trust territory | Boundary at ordinary high-water mark or landward limits vary with water level. | Boundary extends to high-water line per prior caselaw; moveable boundary tied to water's edge. | Territory extends to the natural shoreline (water’s edge), not the ordinary high-water mark. |
Key Cases Cited
- Sloan v. Biemiller, 34 Ohio St. 492 (1878) (line where water usually stands defines littoral boundary when land described to Lake Erie)
- State v. Cleveland & Pittsburgh RR. Co., 94 Ohio St. 61 (1916) (state holds subaqueous land in trust; littoral owner has access to navigable water)
- State ex rel. Squire v. Cleveland, 150 Ohio St. 303 (1948) (reiterates natural shoreline boundary; littoral owners have no landward title beyond shoreline)
- State ex rel. Cordray v. Marshall, 123 Ohio St.3d 229 (2009) (attorney general’s common-law powers not abrogated by R.C. Chapter 109; AG may represent state in appeals)
- Norwood v. Horney, 110 Ohio St.3d 353 (2006) (property rights are fundamental; emphasis on protecting individual property interests)