City of Sidney v. Spring Creek Corp.

2017 Ohio 8785, 100 N.E.3d 1025
CourtOhio Court of Appeals
DecidedDecember 4, 2017
DocketNO. 17–17–07
StatusPublished

This text of 2017 Ohio 8785 (City of Sidney v. Spring Creek Corp.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Sidney v. Spring Creek Corp., 2017 Ohio 8785, 100 N.E.3d 1025 (Ohio Ct. App. 2017).

Opinion

PRESTON, P.J.

*1026 {¶ 1} Defendants-appellants, Washington Township ("the Township") and Spring Creek Corporation ("Spring Creek") appeal the May 31, 2017 judgment entry of the Shelby County Court of Common Pleas granting summary judgment in favor of plaintiff-appellee, the City of Sidney ("Sidney"). For the reasons that follow, we affirm.

{¶ 2} This case concerns two parcels of land located in Washington Township, Ohio, near the city of Sidney, Ohio. The parcels of land ("the Property") are owned by Spring Creek and consist of approximately 237 acres of land that sit above part of a large aquifer. The aquifer provides water for the Township's residents. Approximately a decade ago, Sidney entered into negotiations with Spring Creek to purchase the Property, but negotiations faltered when the parties could not agree on a purchase price. Subsequent negotiations led to the execution of a purported conservation easement recorded on February 19, 2013 and an amendment recorded May 23, 2014.

{¶ 3} On October 28, 2015, Sidney commenced an action captioned as "Petition For Appropriation Of Real Property" against Spring Creek, the Township, the Miami Conservancy District ("the District"), and the Shelby County Treasurer asking the trial court to order conveyance of fee simple title of the Property to Sidney once the Property's value could be determined. (Doc. No. 2). On November 20, 2015, the Township filed its answer. (Doc. No. 15). 1 On December 1, Spring Creek filed its answer. (Doc. No. 21).

{¶ 4} On September 2, 2016, Sidney filed a motion for summary judgment, arguing that there are no material facts in dispute with respect to the invalidity of the conservation easement and because the purpose and plain language of the conservation easement are contrary to public policy and Ohio law. (Doc. No. 68). On October 3, 2016, the Township filed a memorandum in opposition to Sidney's motion for summary judgment. (Doc. No. 73). On October 11, 2016, Sidney filed its response to the Township's memorandum in opposition to Sidney's motion for summary judgment. (Doc. No. 74). On January 9, 2017, the trial court issued an opinion concluding that the conservation easement between Spring Creek and the Township is void as a matter of public policy. (Doc. No. 76). The trial court filed its judgment entry granting summary judgment in favor of Sidney, dismissing the Township as a party, and certifying its entry as a final appealable order under Civ.R. 54(B) on May 31, 2017. (Doc. No. 86).

{¶ 5} The Township filed its notice of appeal on June 26, 2017. (Doc. No. 94). Spring Creek filed its notice of appeal on July 6, 2017. (Doc. No. 97). Appellants bring one assignment of error for our review.

Assignment of Error

The Trial Court Erred In Granting Sidney's Motion For Summary Judgment.

{¶ 6} In their sole assignment of error, appellants claim that the trial court erred in granting summary judgment in favor of Sidney. Specifically, appellants argue that the trial court erred in granting summary judgment in favor of Sidney because the conservation easement does not convey the Township or its residents the right to the aquifer to the exclusion of Sidney; rather, *1027 it conveys only Spring Creek's right to the reasonable use of the aquifer as expressly permitted by Ohio law. Appellants further argue that the trial court erred because the interest conveyed to the Township does not create a public trust-the only type of interest proscribed under the Ohio constitution. Appellants also argue that the trial court erred in granting summary judgment in favor of Sidney because Ohio's public policy favors conservation easements over the use of eminent domain.

{¶ 7} We review a decision to grant summary judgment de novo. Doe v. Shaffer , 90 Ohio St.3d 388 , 390, 738 N.E.2d 1243 (2000). Summary judgment is proper where there is no genuine issue of material fact, the moving party is entitled to judgment as a matter of law, reasonable minds can reach but one conclusion when viewing the evidence in favor of the non-moving party, and the conclusion is adverse to the non-moving party. Civ.R. 56(C) ; State ex rel. Cassels v. Dayton City School Dist. Bd. of Edn. , 69 Ohio St.3d 217 , 219, 631 N.E.2d 150 (1994).

{¶ 8} According to the easement at issue in the instant case, its purpose is, in relevant part, to:

retain, respect, and preserve the Aquifer area * * * predominantly in its current, natural condition, permitting, however, the authorized use of [the Property] for mining and mineral extraction and any other use that does not materially impact the quality and quantity of the Aquifer[.]

(Doc. No. 73, Ex. C, at 2).

{¶ 9} The easement provides that two mining and mineral extraction methods may be used. First, the easement provides that a mining and mineral extraction method substantially similar to what is known as the "wet mining technique" may be used on the smaller of the Property's two parcels. ( Id. at 4). This method requires that the land be cleared and that any timber be harvested or removed. It also requires that topsoil and subsoil be stripped. The wet mining technique further requires the use of a hydraulic excavator or dragline to remove sand and gravel from the area beneath the water table. The mined products are then drained on site so that they can be loaded on to trucks for transport. The easement further describes the parcel as fit for "dredging and utilizing bucket-dredges and suction equipment mounted on barges when economically feasible." ( Id. ).

{¶ 10} Second, the easement provides that a process similar to a method known as the "dry mining technique" may be used on the Property's larger parcel. ( Id. ). This technique, like the wet mining technique, requires that land be cleared and that soil be stripped. The dry mining process also requires the use of water pumps to lower the water table so that water can then be pumped into a nearby lake. This permits a hydraulic excavator or wheel loader to remove sand and gravel from the mine area for eventual transport. ( Id. ).

{¶ 11} The meaning of the term "conservation easement" is codified in R.C. 5301.67, which, as relevant here, provides:

"Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water, or wetland areas predominantly in their natural, scenic, open, or wooded condition * * * or retaining their use predominantly as suitable habitat for fish, plants, or wildlife[.]

R.C. 5301.67(A).

{¶ 12} The interpretation of R.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Doe v. Shaffer
2000 Ohio 186 (Ohio Supreme Court, 2000)
Summerville v. City of Forest Park
2010 Ohio 6280 (Ohio Supreme Court, 2010)
Howard v. Chattahoochie's Bar
888 N.E.2d 462 (Ohio Court of Appeals, 2008)
Diamond Wine & Spirits, Inc. v. Dayton Heidelberg Distributing Co.
774 N.E.2d 775 (Ohio Court of Appeals, 2002)
State ex rel. Burrows v. Industrial Commission
676 N.E.2d 519 (Ohio Supreme Court, 1997)
Portage County Board of Commissioners v. City of Akron
846 N.E.2d 478 (Ohio Supreme Court, 2006)
Hubbell v. City of Xenia
873 N.E.2d 878 (Ohio Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 8785, 100 N.E.3d 1025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sidney-v-spring-creek-corp-ohioctapp-2017.