News-Herald, LEGAL NOTICE LAKE ERIE SHORELINE PROPERTY OWNERS’ CLASS ACTION NOTICE IS HEREBY GIVEN regarding a class action that was certified on Aug. 27, 2012, by Judge Eugene A. Lucci of the Court of Common Pleas for Lake County, Ohio, in the case of State of Ohio ex rel. Robert Merrill, Trustee, et al., vs. State of Ohio, Department of Natural Resources, et al., Case No. 04CV001080. The docket for this case may be accessed via the Internet at: https://phoenix.lakecountyohio.gov/pa/ Please take note of the following information: 1. The Court has certified the following group of persons as a class for purposes of pursuing a writ of mandamus against the Ohio Department of Natural Resources (ODNR): All persons, as defined in R.C. 1506.01(D), excepting the State of Ohio and any state agency as defined in R.C. 1.60, who are owners of littoral property bordering Lake Erie (including Sandusky Bay and other estuaries previously determined to be a part of Lake Erie under Ohio law) within the territorial boundaries of the State of Ohio (hereinafter “the Class”). To the extent that governmental entities are included in the class, they are included solely in their proprietary capacity as property owners and not for any purpose or capacity implicating their governmental authority or jurisdiction. 2. The Class is represented by several individuals and one corporation who own littoral property bordering Lake Erie as well as by the Ohio Lakefront Group, Inc., a non-profit corporation representing its members who are members of the class. 3. This class action asks the Court to issue a writ of mandamus compelling ODNR to commence eminent domain proceedings in the respective counties in which the Class members own littoral property to determine the amount of compensation due to each Class member for the real property taken, and damage to the residue, resulting from ODNR’s assertion of ownership and exercise of ownership rights over lands owned by Class members between the ordinary high water mark and the natural shoreline. 4. A judgment in this action, whether favorable or not to the above described Class, will be binding on all Class members pursuant to Rule 23(C)(3) of the Ohio Rules of Civil Procedure. 5. The Court has approved Calfee, Halter & Griswold LLP, 1405 E. 6th St., Cleveland, OH 44114, as counsel for the above-described class in this action. Communications regarding this action from class members or potential class members should be directed to: Ohio Lake Erie Class Action c/o Jennifer Sybyl CALFEE, HALTER & GRISWOLD LLP 1405 E. 6th St. Cleveland, Ohio 44114 (216) 622-8200 6. The court hereby establishes April 3, 2015, as the last day for any class member or potential class member to signify that they consider the class representation unfair and/or inadequate. 7. The court’s address is 47 N. Park Place, Painesville, Ohio 44077. Judge Eugene A. Lucci Lake County Court of Common Pleas 474794/March 6, 13, 20, 2015
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