April 4, 2014 – The 11th Circuit Court of Appeals affirmed the continuation of Class Certification for OLG and all the class members who own property bordering Lake Erie.
On appeal, appellants (the State) asserted the following assignments of error:
[1.] The Trial Court erred and abused its discretion in determining that this action may be maintained as a class action for Count II of the Amended Complaint.
[2.] The Trial Court erred and abused its discretion in certifying a class and ordering relief in regards to the validity of submerged land leases and claims for the return of payments made under those leases.
[3.] The Trial Court erred and abused its discretion in determining that Plaintiff/Appellee Ohio Lakefront Group is a prevailing party for the purpose of its application for attorney fees under R.C. 2335.39.
[4.] The Trial Court erred and abused its discretion in determining the location of the boundary of the territory of Lake Erie held in trust by the State of Ohio.
The Court limited the appeal to issues related only to class certification, the Court did not address the State’s third and fourth assignments of error.
To read the full Appellate Court decision, click here. Opinion affirming class certification