Ohio Lakefront Group 1 Ohio Lakefront Group Annual Meeting May 30, 2013
Ohio Lakefront Group 2 What is the Ohio Lakefront Group Non-Profit and non-partisan Incorporated in 1999 Grassroots volunteer organization Ordinary citizens; shoreline residents At present there are over 7,000 members There are 15,000 parcels along Lake Erie in Ohio
Ohio Lakefront Group 3 Purpose Prevent taking of shoreline property by the State of Ohio Protect the use of Lake Erie and the environment through reasonable regulation We are NOT anti-environment, we just want our deeds honored !
Ohio Lakefront Group 4 Nominees for Board of Directors Baeppler, GregBay Village Bunsey, BobHuron Coles, LisaSandusky/Milan Cyvas, VitasWillowick Kemmerer, KentWillowick Limbert, KevinTimberlake Plymale, NancyMarblehead Prout, MikeSandusky Rennell, RickBay Village Tatter, KenSheffield Lake Yankel, TonyBay Village
Ohio Lakefront Group Treasurer's Report 5
Ohio Lakefront Group Treasurer's Report, Cont. 6
Ohio Lakefront Group 7 Ohio Lakefront Group Annual Meeting May 30, 2013
Ohio Lakefront Group 8 Year in a Nutshell Judge Lucci gave us another great decision. Attorney General Mike DeWine appealed that decision.
Ohio Lakefront Group Who Are We Fighting Attorney General Mike DeWine National Wildlife Federation Ohio Environmental Counsel Not ODNR 9
Ohio Lakefront Group Judge Lucci Gave Us A boundary that was essentially “If your feet are in the water, you are OK, if not in the water, you are trespassing. Voided all leases above the shoreline. All lease payment to be returned. ODNR to provide education. Same class certification as before. Made us the prevailing party. 10
Ohio Lakefront Group What Has Mike DeWine Done? The same old thing—appealed Lucci’s decision. 11
Ohio Lakefront Group What Has The Appellate Court Done? Threw out most of Mike DeWine’s grounds for appeal. Will hear only arguments regarding classification. Timing ?????? 12
Ohio Lakefront Group What Are Our Issues? (Public Statement Nov. 14, 2011) ODNR off our property No Public Trust rights on our property Restoration of land lost due to avulsion Void leases on private property A clear definition so that trespassing laws can be enforced. 13
Ohio Lakefront Group What Are Our Claims (Public Statement Nov. 14, 2011) Attorney Fees Deeds have been altered and need to be corrected People have paid for leases and fees on land that they own People need to be compensated for the land that was temporally taken by the State for the past years 14
Ohio Lakefront Group What Is In The Future? Attorney General Mike DeWine is prepared to challenge every request we make in Court: –For Attorney Fees –For a clear definition of private property and what is trespassing –For restoring altered deeds –For lease payments –For the temporary regulatory taking of property 15
Ohio Lakefront Group 16 Glass v Goeckel Michigan Supreme Court Changed the Law in Michigan: Took away owner’s “exclusive use” Created a right of “beach walking”
Ohio Lakefront Group Lessons Learned from Michigan Public opinion matters Judge’s perceptions of the best public policy may prevail over decades of prior law The Fifth Amendment Protection of Private Property is eroding 17
Ohio Lakefront Group Attorney General DeWine’s Position At The Supreme Court The public has the right to enjoy the lake itself and the waterfront. All Ohioans, be they sportsmen, nature lovers, or riffraff, have right to use Lake Erie, as well as our backyards. 18
Ohio Lakefront Group 19 Questions
Ohio Lakefront Group Expand OLG ??? Gain more members and we gain more political clout. But: –Is timing is right ? –Should we finish our lawsuit first ? –Should we be ready to expand when the timing is right ? 20
Ohio Lakefront Group What to Expand Into? Not only the Lake Erie shoreline, but all streams, rivers, and inland lakes. Focus on Property Rights. Do less litigation and more lobbying. Operate more as a trade organization that speaks for the Property Rights of all water front owners. 21
Ohio Lakefront Group How Would We Expand? Mail solicitation and “word of mouth” based upon a good public relations effort. Assist landowners in ongoing or new property rights battles. 22
Ohio Lakefront Group Discussion 23