State ex rel. AWMS Water Solutions, LLC v. Mertz
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The Supreme Court reversed the judgment of the court of appeals granting summary judgment for the State and denying Appellant's petition for a writ of mandamus to compel the State to initiate property-appropriation proceedings in this regulatory-takings case, holding that genuine issues of material fact remained regarding whether Appellant had suffered a total or partial taking.
Appellant alleged that it had suffered a taking of its property when the Ohio Department of Natural Resources' Division of Oil and Gas Resources Management suspended Appellant's operation of one of its two saltwater-injection wells. The Division suspended the well's operation due to concerns that the well had induced two earthquakes in its vicinity. The court of appeals granted summary judgment for the State, determining that Appellant had suffered neither a total nor a partial governmental taking. The Supreme Court reversed, holding that genuine issues of material fact precluded summary judgment.
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