SILTSTONE SERVICES v. GUERNSEY COUNTY COMMUNITY DEVELOPMENT CORPORATION (2022)

Supreme Court of Ohio.

SILTSTONE SERVICES, L.L.C., Appellee, v. GUERNSEY COUNTY COMMUNITY DEVELOPMENT CORPORATION et al., Appellants; et al., Appellees.

No. 2020-1093

Decided: December 27, 2022

Dave Yost, Attorney General, Benjamin M. Flowers, Solicitor General, Samuel C. Peterson, Deputy Solicitor General, and Rachel Huston and Caroline Mills, Assistant Attorneys General, for appellee Ohio Public Works Commission. Kohrman, Jackson & Krantz, L.L.P., and Maribeth Meluch, Columbus; and Hanlon, McCormick, Schramm, Bickford & Schramm Co., L.P.A., Erik A. Schramm, and Kyle W. Bickford, St. Clairsville, for appellant Guernsey County Community Development Corporation. Pelini, Campbell & Williams, L.L.C., Craig G. Pelini, and Paul B. Ricard, North Canton, for appellants Synergy Land Company, L.L.C., and Whispering Pines Land Company, L.L.C. Bricker & Eckler, L.L.P., Matthew W. Warnock, Christine Rideout Schirra, Kara H. Herrnstein, Columbus, and Aaron M. Bruggeman, Barnesville, for appellant Gulfport Energy Corporation.

{¶ 1} The judgment of the court of appeals is affirmed on the authority of Siltstone Resources, L.L.C. v. Ohio Pub. Works Comm., ––– Ohio St.3d ––––, 2022-Ohio-483, ––– N.E.3d ––––, and Ohio Pub. Works Comm. v. Barnesville, ––– Ohio St.3d ––––, 2022-Ohio-4603, ––– N.E.3d ––––. Appellant Guernsey County Community Development Corporation's proposition of law No. III is dismissed as having been improvidently accepted.

O'Connor, C.J., and Fischer, Donnelly, Stewart, and Brunner, JJ., concur. Kennedy, J., dissents and for the reasons set forth in her dissenting opinion in Barnesville, would reverse the court of appeals’ judgment and would reinstate the trial court's judgment. DeWine, J., dissents and would reverse the court of appeals’ judgment and would reinstate the trial court's judgment.

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