No. 21-464

Ohio, ex rel. Robert Merrill, Trustee, et al. v. Ohio Department of Natural Resources, et al.

Lower Court: Ohio
Docketed: 2021-09-28
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure class-action constitutional-rights due-process notice property-rights settlement takings
Key Terms:
DueProcess ClassAction
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether the failure of a state court to provide individual notice to readily identifiable class members in a class action settlement of a case asserting a taking by a State of property owned by Class Members by certifying the class under Ohio's Civil Procedure Rule 23(B)(2), (identical to Federal Rule of Civil Procedure 23(b)(2)) instead of certification under Rule 23(b)(3), when the Class Members are to be given settlement payments of monetary compensatory damages for the taking, thereby depriving those class members who never received notice of the settlement of Ohio's taking of their realty interests of their right to Due Process under the Civil Rules

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether the failure of a state court to provide individual notice to readily identifiable class members in aclass action settlement of a case asserting a taking by a State of property owned by Class Members by certifying the class under Ohio’s Civil Procedure Rule 23(B)(2), (identical to Federal Rule of Civil Procedure 23(b)(2)) instead of certification under Rule 23(b)(3), when the Class Members are to be given settlement payments of monetary compensatory damages for the taking, thereby depriving those class members who never received notice of the settlement of Ohio’s taking of their realty interests of their right to Due Process under the Civil Rules. Whether the failure of a state court to provide individual notice to readily identifiable class members whose lands were taken in a class action settlement when they were entitled to claim payments of monetary compensatory damages, constitutes an improper deprivation of their properties without Due Process of law, as would be required under the Fifth and Fourteenth Amendments to the United States Constitution and of the Ohio Constitution. Whether a state court judgment approving a settlement arising out of a state’s taking without providing notice to class members who are readily identifiable, which deprives the class members of their property without Due Process of law, would be binding and enforceable against those class members so deprived. il LIST OF ALL

Docket Entries

2021-11-01
Petition DENIED.
2021-10-06
DISTRIBUTED for Conference of 10/29/2021.
2021-09-30
Waiver of right of respondent Ohio, Department of Natural Resources, et al. to respond filed.
2021-09-24
Petition for a writ of certiorari filed. (Response due October 28, 2021)

Attorneys

Ohio, Department of Natural Resources, et al.
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Ohio, ex rel. Robert Merrill, Trustee, et al.
Dennis E MurrayMurray & Murray Co., L.P.A., Petitioner