Snyder v. Ohio Dept. of Natural Resources (Slip Opinion)

{¶ 1} Appellants, Ronald Snyder and Steven Neeley (collectively, “Snyder”), seek a declaration that they are entitled to surface-mine a reasonable portion of a tract of land to which they own the mineral rights and the state owns the surface rights. We conclude that the court of common pleas erred when it granted summary judgment against them.

*323Background

{¶ 2} This case was decided on summary judgment by the court of common pleas. Accordingly, “our review is de novo, in accordance with the standard set forth in Civ.R. 56.” Hudson v. Petrosurance, Inc., 127 Ohio St.3d 54, 2010-Ohio-4505, 936…