Court of Appeals of Ohio, Seventh District, Monroe
JON WILLIAMS, et al. PLAINTIFFS-APPELLEES
RONNIE RAY STILLION, Trustee of the Charles R. Stillion Family Trust DEFENDANT-APPELLANT
Appeal from the Court of Common Pleas of Monroe County, Ohio
Case No. 2013-273
Plaintiff-Appellee, Jon Williams, et al. Attorney Craig
Sweeney Attorney Richard Yoss
Plaintiff-Appellee, State of Ohio ex re. Ohio Attorney
General Michael DeWine Attorney Gerald Dailey Attorney
Jennifer Barrett Assistant Attorneys General
Attorney Gerald Dailey Attorney Jennifer Barrett Assistant
JUDGES: Hon. Mary DeGenaro Hon. Gene Donofrio Hon. Cheryl L.
Defendant-Appellant, Ronnie Ray Stillion, Trustee of the
Charles R. Stillion Trust, appeals the trial court's
decision to apply the 1989 version of R.C. 5301.56,
Ohio's Dormant Mineral Act, thereby granting summary
judgment and quieting title to the severed mineral interest
in Plaintiffs-Appellees, Jon Williams, et al.
It was error for the trial court to resolve this action by
applying the 1989 version of the DMA as the Ohio Supreme
Court recently held that the 2006 version controls.
Accordingly, the judgment of the trial court is reversed, and
the case remanded for the trial court to apply the 2006
version of R.C. 5301.56, pursuant to the Ohio Supreme
Court's recent rulings regarding the DMA.
Appellees are the surface owners of certain real property in
Monroe County. On June 28, 2013, Appellees filed a complaint
alleging that the 1989 version of R.C. 5301.56 operated to
extinguish Stillion's severed mineral interests in that
real property as of March 22, 1992.
Stillion filed an original and amended answer and
counterclaim asserting that the trust was the present owner
in fee simple of the mineral interest, and that the 1989
version violated Ohio's Constitution. The Ohio Attorney
General intervened to defend the constitutionality of the
statute and sought summary judgment on that basis. Appellees
and Stillion filed cross-motions for summary judgment. One of
the disputed issues was whether the 1989 or the 2006 version
of R.C. 5301.56 controlled.
On July 1, 2014, the trial court granted Appellees'
motion for summary judgment and denied Stillion's; in so
doing, it applied the 1989 version only, and further found it
unnecessary to rule on the Attorney General's motion for
This appeal had been stayed on December 13, 2014 pending the
Ohio Supreme Court's decision in multiple cases
regarding, inter alia, whether the 1989 or the 2006 version
of R.C. 5301.56, the ODMA, controls the resolution of
disputed claims to severed minerals rights, where the claims
were asserted after the effective date of the 2006 version.
In Corban v. Chesapeake Exploration, LLC, Slip
Opinion No. 2016-Ohio-5796 (Sept. 15, 2016), ¶ 2, the
Court held "the 2006 version of the Dormant Mineral Act,
which is codified at R.C. 5301.56, applies to all claims
asserted after June 30, 2006[.]" On October 24, 2016,
this case was returned to the active docket.
For clarity of analysis, Stillion's assignments of error
will be addressed out of order. His second ...