WE HAVE WON OUR CLASS ACTION LAWSUIT But OUR VICTORY HAS BEEN APPEALED

Ohio Lakefront Groupwww.ohiolakefrontgroup.com

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WE HAVE WON OUR

CLASS ACTION LAWSUIT

But

OUR VICTORY HAS BEEN APPEALED


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Ohio Lakefront GroupPort ClintonAugust 26, 2008


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What is the Ohio Lakefront Group

• Non-Profit incorporated in 1999

• Grassroots volunteer organization

• Ordinary citizens; shoreline residents

• At present there are 6,000 members

• There are 15,000 parcels along Lake Erie in Ohio


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Purpose

• Prevent taking of shoreline property by the State of Ohio

• Protect the use of Lake Erie and the environment through reasonable regulation

• We are pro-property rights, NOT anti-environment !


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Current Situation• The Governor supports our deeds—maybe.

• We won our Class Action Law Suit—so far.

• The “ABCD” permit is still a problem.

• Zoning ordinances could take away our win.

• ODNR to publish “new rules”.

• The Great Lakes Compact.


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Governor’s Statement“The Governor and ODNR recognize that there are arguable legal claims that some of the deeds have specific defects and that deeds purporting to cover lands below the OHWM may ultimately be found by the Ohio courts to be subordinate to the public’s interest in those lands. Still, without such a determination by the Ohio courts, ODNR believes that it must honor those deeds.”


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Governor’s Leasing Policy“Consistent with the Governor’s view that deeds should be honored unless they are found to be limited and/or unenforceable by a court of law, ODNR has determined that it is inappropriate to require deed holders to lease land that they maintain that they own.”


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Governor’s Optional Leasing

“Still, because some land owners would prefer to voluntarily obtain a lease for the property on which they intend to build permitted structures, ODNR will continue to make leases voluntarily available.”


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Regulatory Property Taking by Coastal Management Office of ODNR

Dry Beach Area

ODNR calls this “historic fill” and now says your land ends here Deed says your

land ends here

New ODNR Definition of “Public Trust”


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What has ODNR Been Doing

• Continuing to demand Lease Payment.

• The “ABCD” permit request is still a problem.

• ODNR is Proposing “new” rules.


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Zoning Ordinances—Riparian Setbacks• Riparian setbacks shall be preserved

in their natural state… (grandfathering)

• Where the 100-year floodplain is wider than a riparian setback of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain.

• Riparian setbacks on designated watercourses shall be a minimum of 75 feet.


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Riparian SetbacksDefined

• WATERCOURSE: This shall mean any natural, perennial, or intermittent lake, pond, channel, stream, river, creek or brook with a defined bed and bank or shore.

Ohio Lakefront Group

ODNR’s “New Rules”

• Inconsistent

• Subject to interpretation

• Walking Path???


Subject to Interpretation• No change in definition of “Territory”

“Territory” as used in these rules shall be as it is described in section 1506.10 and as it is defined in division (A) of section 1506.11 of the Revised Code. Where the territory has been artificially filled, the director shall determine the natural shoreline as accurately as possible, using the best practicable measures including, but not limited to, an analysis of the earliest known charts, maps or photographs.


Walking Path???• The Judge said: “The proper interpretation

of the term, “natural shoreline” in R.C. 1506.10 and 1506.11 is the moveable boundary on the shore where the lake water touches the land at any given time.”

• ODNR says (based on the Merrill Decision) that the water’s edge is “the most landward place where the lake water actually touched the land at any given time.”


ODNR Public Meeting on New Rules

• Public informational meeting on the proposed rules is scheduled from

6 to 8:30 p.m.

• Sept. 4 -- Ottawa National Wildlife Refuge, 14000 W. Ohio 2, Oak Harbor


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Neighborhood Meetings

• Your home or back yard

• Church

• Community Center

• Yacht Club

• Marina


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Times and Dates

Generally:

• 25 – 35 minute presentation

• 25 - 35 minute question and answer

• Week Day Evenings

• Saturday or Sunday


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Reasons to Host

• Get your neighbors involved and informed

• Encourage them to become members of OLG and share the burden

• Increase our presence and impact politically

• There are misconceptions that we have already won. As you hear tonight, that is not the case


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What We Bring

• Power Point Presentation or Handouts

• Presentation tailored to your audience

• Contact Numbers and info to our website and newsletter

• Updates and progress reports


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How to Set Up an OLG Meeting

Door-to-Door Ten houses on either side

Neighborhood Organization

Marina or Yacht club

Civic Organization


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• Check the OLG website : www.ohiolakefrontgroup.com

• Go to “Contact Us”

• “Host a Neighborhood Meeting”

• Contact me via the supplied telephone or email address.

• Telephone 216-577-6811 or [email protected]

To Schedule a meeting:


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Review of the Facts


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Chances of Success

• We have the Ohio Statute on our side.

• We have our Deeds on our side.

• We have the complete history of our Deeds on our side.

• We have the Ohio and the U.S. Constitution on our side.

• Time, money, and apathy are against us.


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What Can You Do• Get more involved—we need everyone

participating.

• Contribute—funds are low as the other side hoped.

• Inform others—our message is still not reaching enough people.

• Hold meetings—we are asking people to host neighborhood meetings.

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WE HAVE WON OUR CLASS ACTION LAWSUIT But OUR VICTORY HAS BEEN APPEALED

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