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Supreme Court of Ohio - Case No. 2020-0031 Siltstone Resources, L.L.C. v. Ohio Pub. Works Comm.
Siltstone Resources LLC v. State of Ohio, Public Works Commission et al., Case No. 2020-0031
Seventh District Court of Appeals (Belmont County)
ISSUES:
- Can courts enforce a deed restriction that prohibits a state program's grantee from transferring property without consent unless the state legislature has clearly allowed such a restraint on the property's transfer?
- Does the provision in R.C. 164.26(A) requiring grant repayment and liquidated damages if a grant recipient fails to comply with the Ohio Public Works Commission's (OPWC's) ownership requirements prohibit equitable relief (a nonmonetary penalty)?
- Can the OPWC director include a provision allowing for equitable relief in a deed that transfers property purchased with a Clean Ohio Fund grant?
Seventh District Court of Appeals (Belmont County)
ISSUES:
- Can courts enforce a deed restriction that prohibits a state program's grantee from transferring property without consent unless the state legislature has clearly allowed such a restraint on the property's transfer?
- Does the provision in R.C. 164.26(A) requiring grant repayment and liquidated damages if a grant recipient fails to comply with the Ohio Public Works Commission's (OPWC's) ownership requirements prohibit equitable relief (a nonmonetary penalty)?
- Can the OPWC director include a provision allowing for equitable relief in a deed that transfers property purchased with a Clean Ohio Fund grant?
January 26, 2021