On September 29, 2020, the Supreme Court of Ohio accepted appeals from the Fifth District Court of Appeals’ decisions in Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3042, and Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3043, as well as the Seventh District Court of Appeals’ decision in Fonzi v. Miller, Case No. 2020-Ohio-3739. In the Thonen cases, the Court will address whether the Ohio Dormant Mineral Act (R.C. 5301.56) supersedes and controls over the Ohio Marketable Title Act (R.C. 5301.47, et seq.) as to the termination of severed oil and gas interests. In Miller, the Court will address several issues related to the application of the Ohio Dormant Mineral Act (R.C. 5301.56), including the level of due diligence required before serving a notice of abandonment by publication. Both cases are on pause for now: The Court held the Thonen cases until it decides West v. Bode, Case No. 2019-1494, and Miller until it decides Gerrity v. Chervenak, Case No. 2019-1123.
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