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 to the State and denying AWMS Water Solutions, LLC's petition for a writ of mandamus to compel the Ohio Department of Natural Resources and others (collectively, the State) to initiate property-appropriation proceedings, holding that genuine issues of material fact remained regarding whether AWMS had suffered a total or partial taking.
AWMS, a disposer of waste from oil and gas production and drilling sites, obtained permits to drill and inject saltwater in wells on its property. After an earthquake occurred, AWMS was ordered to suspend its operations at one of its wells. In its petition for a writ of mandamus, AWMS alleged that a suspension order effected a governmental taking of its property requiring the State to pay just compensation. The court of appeals granted summary judgment for the State and denied the mandamus petition. The Supreme Court reversed, holding (1) AWMS was justified in pursuing compensation through a takings action and that its claim was ripe at the time it instituted its action; and (2) there was a genuine issue of material fact concerning whether the State's suspension of operations at the well deprived AWMS of all economically beneficial use of its leasehold.
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