Court of Appeals of Ohio, Seventh District, Belmont
GREGORY J. CHRISTY, ET AL., PLAINTIFFS-APPELLANTS/ CROSS-APPELLEES,
KATHERINE HASELBERGER, ET AL., DEFENDANTS-APPELLEES/ CROSS-APPELLANTS.
Appeal from Court of Common Pleas of Monroe County, Ohio Case
JUDGMENT: Affirmed For Plaintiffs-Appellants Attorney James
Attorney Kristopher Justice Attorney Daniel Corcoran For
Defendants-Appellees Attorney Charles Bean
JUDGES: Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Mary
Plaintiffs-appellants/cross-appellees, Gregory and Carol
Christy, appeal from a Monroe County Common Pleas Court
judgment granting summary judgment in favor of
defendants-appellees/cross-appellants, Katherine Haselberger,
Charlotte McCoy, and John Christman (the Haselberger
defendants), and determining that the Haselberger defendants
are the owners of oil and gas rights underlying certain
property in Monroe County.
On April 22, 1946, Nova and Dollie Christman conveyed a
certain tract of property located in Summit Township, Monroe
County to John Heft (the Property). The Reservation Deed
reflected this transaction and provided:
But expressly excepting and reserving from the above
conveyance all the oil, gas and their constituents, and also
mineral rights, together with the exclusive right to mine,
drill or operate for the same, including the complete and
absolute leasing rights with the right to enter on said
premises at any time for the purpose of developing, removing
and mining oil, gas and their constituents, and also
minerals. However, reasonable damages caused by drilling or
moving equipment on or off said premises above described
shall be paid to the owner or owners of the premises above
described. (The oil and mining rights stipulated in this
paragraph being reserved by former grantors.)
The Christies have owned the Property since August 11, 1994.
Prior to the Christies' ownership, the Property was owned
by Carol Christy's parents.
In 1989, Nova and Dollie Christman leased the oil and gas
rights for all formations down to 4, 000 feet (the shallow
rights) and reserved the rights to all formations below that
depth (the deep rights). This was pursuant to the
The Haselberger defendants are the heirs of Nova and Dollie
On January 24, 2013, the Christies recorded an affidavit of
abandonment regarding the oil and gas interest underlying the
Property and stating that they, as the surface owners, were
now the owners of the oil and gas interest.
On March 6, 2013, the Christies filed a complaint to quiet
title and for declaratory judgment that, pursuant to the 1989
Ohio Dormant Mineral Act (ODMA), they are the rightful owners
of the deep rights in the oil and gas interest underlying the
Property. The Haselberger defendants filed an answer and
counterclaim seeking to quiet title in their favor.
The parties next filed competing motions ...