DMA claim (Ohio) · Go Syfert
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DMA claim in Ohio

5 Ohio opinions name it 2 courts 2017–2023 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Ohio.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Comer v. Risko green
ohio · 2005
2 sentences

2023Comer v. Risko, 106 Ohio St.3d 185 , 2005-Ohio-4559 , 833 N.E.2d 712 , ¶ 8.

2023Comer v. Risko, 106 Ohio St.3d 185 , 2005-Ohio-4559 , 833 N.E.2d 712 , ¶ 8.

12023–2023
Blackstone v. Moore (Slip Opinion) green
ohio · 2018
2 sentences

2021In Senterra Ltd. v. Winland, 7th Dist. Belmont No. 18 BE 0051, 2019-Ohio-4387 , 148 N.E.3d 34 , modified on reconsideration, 7th Dist. Belmont No. 18 BE 00512019-Ohio-5458, appeal allowed, 158 Ohio St.3d 1522 , 2020-Ohio-3018 , 145 N.E.3d 311 , we opined that Christman and Holdren were no longer good law based on the root of title in Blackstone v. Moore, 155 Ohio St.3d 448 , 2018-Ohio-4959 , 122 N.E.3d 132 , which contained a specific reference to a prior reservation.

2021In Senterra Ltd. v. Winland, 7th Dist. Belmont No. 18 BE 0051, 2019-Ohio-4387 , 148 N.E.3d 34 , modified on reconsideration, 7th Dist. Belmont No. 18 BE 00512019-Ohio-5458, appeal allowed, 158 Ohio St.3d 1522 , 2020-Ohio-3018 , 145 N.E.3d 311 , we opined that Christman and Holdren were no longer good law based on the root of title in Blackstone v. Moore, 155 Ohio St.3d 448 , 2018-Ohio-4959 , 122 N.E.3d 132 , which contained a specific reference to a prior reservation.

12021–2021
Swartz v. Householder neutral
ohio · 2016
2 sentences

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

12019–2019
Tribett v. Shepherd neutral
ohio · 2016
2 sentences

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

12019–2019
Tribett v. Shepherd (Slip Opinion) green
ohio · 2016
2 sentences

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

12019–2019
Swartz v. Householder (Slip Opinion) neutral
ohio · 2016
2 sentences

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

2019The argument in Swartz was that a DMA plaintiff should not be permitted to use the 20-year DMA period because the MTA has a longer 40-year period. 5Tribett v. Shepherd, 150 Ohio St.3d 346 , 2016-Ohio-5821 , 81 N.E.3d 1224 ; Swartz v. Householder, 150 Ohio St.3d 341 , 2016-Ohio-5817 , 81 N.E.3d 1221 . abandonment.

12019–2019
Dodd v. Croskey green
ohio · 2015
2 sentences

2018In order for the mineral interest to be the 'subject of' the title *1276 transaction the grantor must be conveying that interest or retaining that interest"), affirmed on other grounds, Dodd v. Croskey , 143 Ohio St.3d 293 , 2015-Ohio-2362 , 37 N.E.3d 147 . {¶ 36} In sum, the alternative argument presented by the Kirk heirs, that the surface holder does not have a deed which conveys an interest in the Kirk mineral interest to them, is not relevant to a DMA analysis.

2018In order for the mineral interest to be the 'subject of' the title *1276 transaction the grantor must be conveying that interest or retaining that interest"), affirmed on other grounds, Dodd v. Croskey , 143 Ohio St.3d 293 , 2015-Ohio-2362 , 37 N.E.3d 147 . {¶ 36} In sum, the alternative argument presented by the Kirk heirs, that the surface holder does not have a deed which conveys an interest in the Kirk mineral interest to them, is not relevant to a DMA analysis.

12018–2018
Corban v. Chesapeake Exploration, L.L.C., Et Al. green
ohio · 2016
1 sentence

2017Regardless of whether the 1989 or 2006 DMA applies, Appellees argue that its interests have been preserved through several claims of preservation and numerous title transactions. {¶13} The Ohio Supreme Court recently addressed this issue in Corban v. Chesapeake Exploration, L.L.C., __ Ohio St.3d __, 2016-Ohio-5796 , __ N.E.3d __.

12017–2017

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