Supreme Court of Ohio Accepts Wendt v. Dickerson

On June 20, 2015, the Supreme Court of Ohio accepted the appeal in Wendt v. Dickerson, a case from Ohio’s Fifth Appellate District involving Ohio’s Dormant Mineral Act (“DMA”). The Court will consider: (1) whether the 2006 version of the DMA is solely applicable in determining the ownership of minerals when the surface owner did not make a claim for the minerals prior to the enactment of the 2006 version of the DMA; (2) whether the 1989 version of the DMA provided mineral owners with due process of law under the state and federal constitutionals; and (3) whether the 1989 version of the DMA was self-executing.

Wendt is being held for the decision in Walker v. Shondrick-Nau.