Lyons v. Limbach

I agree with the majority in case No. 87-561 and, partly, in case No. 87-343. However, I respectfully dissent in case No. 87-343 regarding the “frac” tanks.

As I stated in my dissent in Kilbarger Constr., Inc. v. Limbach (1988), 37 Ohio St. 3d 234, 525 N.E. 2d 483, I believe that oil and gas production encompasses more than drilling because *96an oil well is a complex system of pits, trenches, and cuts into the earth. Consequently, the exception for oil and gas production encompasses more than the majority allowed there and allows here.

In this case, Lyons must fracture the underlying geological…