State ex rel. AWMS Water Solutions, L.L.C. v. Zehringer

Citations

• 2019 Ohio 923

Syllabus

EXTRAORDINARY WRITS - petition for writ of mandamus summary judgment compel appropriations proceedings regulatory action allegedly eliminated economic viability of real property salt-injection wells seismic activity suspension order categorical taking all economically beneficial use order has not completely eliminated property's value partial regulatory taking character of suspension order is reasonable respondents have not acted in an unreasonably dilatory fashion differences between relators' operations and other operations justified different regulatory treatment distinct investment backed expectations subjective expectations highly regulated industry relators aware of regulations and potential for suspension of operations no objective expectation that relators would be free of regulatory oversight regarding seismic events no genuine issue of material fact not entitled to appropriations as a matter of law.