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State ex rel. Gulfport Energy Corp. v. Oil and Gas Commission

Court of Appeals of Ohio, Tenth District

November 2, 2017

State ex rel. Gulfport Energy Corporation, Relator,
v.
Oil and Gas Commission et al., Respondents, John P. Wehr et al., Intervenor-Respondents.

          Steptoe & Johnson PLLC, John Kevin West, and Alana Valle Tanoury, for relator.

          Michael DeWine, Attorney General, and Angela M. Sullivan, for respondent Oil and Gas Commission.

          Stubbins, Watson & Bryan Co., L.PA., Mark W. Stubbins, and Kyle S. Witucky, for intervenor-respondents John P. Wehr and Arlene Wehr.

         IN PROHIBITION ON MOTIONS TO DISMISS

          DECISION

          BROWN, J.

         {¶ 1} Relator, Gulfport Energy Corporation, has filed a petition seeking a writ of prohibition ordering respondents the Ohio Oil and Gas Commission ("commission") and the three members of the commission in their official capacities from continuing to exercise jurisdiction over commission appeal No. 912. The commission and its individual members have filed a motion to dismiss on grounds that the original action has become moot. Intervenor-respondents, John P. Wehr and Arlene Wehr, have also filed a motion to dismiss on the same ground.

         {¶ 2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the Tenth District Court of Appeals, this matter was referred to a magistrate of this court. The magistrate issued the appended decision, including findings of fact and conclusions of law, recommending this court grant the motions to dismiss on the basis that the present action is moot as the commission has acted to dismiss its commission appeal No. 912 and no longer intends to exercise jurisdiction over that appeal. No objections have been filed to that decision.

         {¶ 3} Finding no error or other defect on the face of the magistrate's decision, we adopt the decision of the magistrate as our own, including the findings of fact and conclusions of law. In accordance with the magistrate's recommendation, respondents' motions to dismiss are granted, and relator's request for a writ of prohibition is denied.

         Writ of prohibition denied; motions to dismiss granted.

          SADLER and LUPER SCHUSTER, JJ., concur.

         APPENDIX A

         Rendered on July 20, 2017

         IN PROHIBITION ON MOTIONS TO DISMISS

         MAGISTRATE'S ...


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