Did Village Violate State Conservation Program by Selling Property's Oil and Gas Rights?
Ohio Public Works Commission v. Village of Barnesville et al., Case No. 2020-1129
Seventh District Court of Appeals (Belmont County)
- Is a prohibition on the transfer of interests in a Clean Ohio grant-funded property, subject only to the Ohio Public Works Commission's discretion, void because it is contrary to Ohio public policy?
- Does a transfer of deep mineral interests beneath real property violate a deed restriction that permits the property to be used only as an "open space"?
- Are the deed restrictions in the commission's Clean Ohio contracts enforceable only by a liquidated damages award, not by an injunction?