Ohio Lakefront Groupwww.ohiolakefrontgroup.com
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What is the Ohio Lakefront Group
• Non-Profit and non-partisan
• Incorporated in 1999
• Grassroots volunteer organization
• Ordinary citizens; shoreline residents
• At present there are over 7,000 members
• There are 15,000 parcels along Lake Erie in Ohio
Ohio Lakefront Groupwww.ohiolakefrontgroup.com
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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 NOT anti-environment, we just want our deeds honored !
Ohio Lakefront Groupwww.ohiolakefrontgroup.com
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Nominees for Board of DirectorsBaeppler, Greg Bay Village
Bunsey, Bob Huron
Coles, Lisa Sandusky/Milan
Cyvas, Vitas Willowick
Kemmerer, Kent Willowick
Limbert, Kevin Timberlake
Plymale, Nancy Marblehead
Prout, Mike Sandusky
Rennell, Rick Bay Village
Tatter, Ken Sheffield Lake
Yankel, Tony Bay Village
Ohio Lakefront Groupwww.ohiolakefrontgroup.com
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Year in a Nutshell
Judge Lucci gave us another great decision.
Attorney General Mike DeWine appealed that decision.
Ohio Lakefront Group
Who Are We Fighting
• Attorney General Mike DeWine
• National Wildlife Federation
• Ohio Environmental Counsel
• Not ODNR
www.ohiolakefrontgroup.com9
Ohio Lakefront Group
Judge Lucci Gave Us
• A boundary that was essentially “If your feet are in the water, you are OK, if not in the water, you are trespassing.
• Voided all leases above the shoreline.
• All lease payment to be returned.
• ODNR to provide education.
• Same class certification as before.
• Made us the prevailing party.
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Ohio Lakefront Group
What Has Mike DeWine Done?
• The same old thing—appealed Lucci’s decision.
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Ohio Lakefront Group
What Has The Appellate Court Done?
• Threw out most of Mike DeWine’s grounds for appeal.
• Will hear only arguments regarding classification.
• Timing ??????
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Ohio Lakefront Group
What Are Our Issues?(Public Statement Nov. 14, 2011)
• ODNR off our property
• No Public Trust rights on our property
• Restoration of land lost due to avulsion
• Void leases on private property
• A clear definition so that trespassing laws can be enforced.
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Ohio Lakefront Group
What Are Our Claims (Public Statement Nov. 14, 2011)
• Attorney Fees• Deeds have been altered and need to
be corrected• People have paid for leases and fees
on land that they own• People need to be compensated for
the land that was temporally taken by the State for the past 10-20 years
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Ohio Lakefront Group
What Is In The Future?Attorney General Mike DeWine is prepared to
challenge every request we make in Court:
– For Attorney Fees– For a clear definition of private property
and what is trespassing– For restoring altered deeds– For lease payments– For the temporary regulatory taking of
property
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Ohio Lakefront Groupwww.ohiolakefrontgroup.com
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Glass v GoeckelMichigan Supreme Court
Changed the Law in Michigan:
• Took away owner’s “exclusive use”
• Created a right of “beach walking”
Ohio Lakefront Group
Lessons Learned from Michigan
• Public opinion matters
• Judge’s perceptions of the best public policy may prevail over decades of prior law
• The Fifth Amendment Protection of Private Property is eroding
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Ohio Lakefront Group
Attorney General DeWine’s PositionAt The Supreme Court
• The public has the right to enjoy the lake itself and the waterfront.
• All Ohioans, be they sportsmen, nature lovers, or riffraff, have right to use Lake Erie, as well as our backyards.
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Ohio Lakefront Group
Expand OLG ???
• Gain more members and we gain more political clout. But:– Is timing is right ?– Should we finish our lawsuit first ?– Should we be ready to expand when the timing is
right ?
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Ohio Lakefront Group
What to Expand Into?
• Not only the Lake Erie shoreline, but all streams, rivers, and inland lakes.
• Focus on Property Rights.
• Do less litigation and more lobbying.
• Operate more as a trade organization that speaks for the Property Rights of all water front owners.
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Ohio Lakefront Group
How Would We Expand?
• Mail solicitation and “word of mouth” based upon a good public relations effort.
• Assist landowners in ongoing or new property rights battles.
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