State Ex Rel. Celebrezze v. Cincinnati Land Development Corp.

This case involves the issue of whether the owners of a dam, defendants-appellants, Donald and Marilyn Diss, failed to comply with an administrative order to repair or breach their dam, issued by the Ohio Department of Natural Resources (hereafter “ODNR”). It does not, as appellants argue, involve the issue of whether there was a “taking” of their property requiring compensation by the state of Ohio.

Co-defendant, Cincinnati Land Development, Inc., (hereafter “CLD”) and appellants are joint owners of a dam located at Sun Rise Lake in Warren County, Ohio. On August 30, 1985, ODNR issued an…