The Ohio Supreme Court Got It Right - Or Did They?

On September 14, The Ohio Supreme Court issued its opinion in Merrill v. State of Ohio.  The Court opined that the boundary between the public submerged lands and the private lands of lakefront owners was the natural shoreline.  Thanks to the wonders of technology, both sides had claimed victory within hours. 

The reader can decide by looking at Case Number 2009-1806 on the Ohio Supreme Court website.  After a decade of seeking legislative action and a half dozen years in the courts, it appears that the lakefront owners may still have some work to do if they want to privately enjoy the peace and quiet of their little slice of paradise.

My last post, back in July talked about the unique features of East Sandusky Bay and the problems and opportunities it provides to property owners on the Cedar Point peninsula.  It turns out that the Merrill Court based their decision largely on a confirmation of the decision it made back in 1878 that involved the fishing grounds a couple miles from the Ohio Beach Guy's Cedar Point house.  That brought the decision close to home.

I had previously planned to explore the key cases which the Court referenced  from a historic perspective.  Now there is a modern background to use as well.  It's interesting to see the spin which various academics, journalists, and lobbyists are putting on the decision.  If they are all right, it must have been a heck of a strange case.  If some are wrong, it may be necessary for the legislature to get into the act - something they were unwilling to do a decade ago.   This time, there is no excuse for not acting.