Legal Opinion · Concurring in part, dissenting in part

Am. Water Mgmt. Servs., LLC v. Div. of Oil & Gas Res. Mgmt.

Court of Appeals of Ohio, Tenth District, Franklin County

Decided July 31, 2018No. 17AP-145Published

1Concurring in part, dissenting in partLuper Schuster, J.

{¶ 60} I agree with the majority's resolution of the division's first, second, and fourth assignments of error. However, because I am unable to agree with the majority's resolution of the division's third assignment of error, I respectfully concur in part and dissent in part.

{¶ 61} In sustaining the division's third assignment of error, the majority seems to conclude the trial court exceeded its authority in determining which expert witnesses to rely on and fashioning an order based on the recommendations of those experts. I find this conclusion to be inconsistent with the majority's…

2Cases cited1 opinion

  1. Simmers, Chief, Div. of Oil & Gas Resources Mgt. v. N. RoyaltonOhio Court of Appeals · 2016

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