July 26, 2022

Professor cited by Supreme Court of Ohio

Professor Fenner Stewart was cited in Senterra Ltd. v. Alan T. Winland et al.

Senterra Ltd. v. Alan T. Winland et al. is a property dispute. The owner of the property's surface petitioned to quiet title to a disputed oil and gas interest in its favor. The heirs to the oil and gas interest defended their title, arguing that Ohio's Marketable Title Act secured their title. The Supreme Court of Ohio affirmed the judgement of Ohio's Seventh District Court of Appeals, preserving the heirs' oil and gas interest.

Fenner's article "When the Shale Gale Hit Ohio: The Failures of the Dormant Mineral Act, Its Heroic Interpretations, and Grave Choices Facing the Supreme Court," 43 Cap.U.L.Rev. 435, 445 (2015) was cited in the decision. The article argues for automatic vesting, argue against a fixed look-back period, and finally, offer some guidance as to the application of the title transaction savings event.

Read the full decision