1/28/21

Vorys Case Featured in Marietta Times Story Titled “Supreme Court of Ohio Rules Against Halliday, Ohio Power”

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Attorneys & Professionals

The Ohio Supreme Court has sided with Washington County, Ohio landowners in an eminent domain case over a high-voltage transmission line.  The landowners, represented by Vorys Partners Joe Miller, Tom Fusonie, John Kuhl and Dan Shuey, will now have their appeal, on whether the power company needs their land, heard in appeals court before any compensation-related trials for their property can begin.

The story states:

“Multiple Washington County landowners in recent years fought the argument of eminent domain prior to 2021.

After the trial court (Halliday) ruled in favor of the power company, the landowners, named jointly as ‘relators’ within court documents, appealed to the Fourth District Court of Appeals.

But near the end of last summer, despite no judgment on the appeal from the higher court, a trial was set by Halliday to determine what the Ohio Power Company must pay landowners for seizure of their property.

‘This case presents a pure question of law on undisputed facts, and it appears beyond doubt that (the landowners) are entitled to their requested extraordinary relief in prohibition,’ reads the conclusion of the ruling, signed by Chief Justice Maureen O’Connor and justices Patrick Fischer, R. Patrick DeWine, Michael Donnelly, Melody Stewart and Jennifer Brunner, with Justice Sharon Kennedy concurring in judgment only.

The landowners argued before the highest Ohio Court that Halliday does not have the jurisdiction to proceed with the compensation trial this spring, while the original case remains pending appeal.

The Ohio Supreme Court has agreed with the landowners.”

To read the full story on the Marietta Times website, click here.