Outdoor Refreshment Areas Offer Major Appeal to Local Developers, But Only Time Will Determine Their Long-Term Feasibility

It was more than 18 months ago that the Ohio legislature approved the creation of designated outdoor refreshment areas throughout the state to help spur economic growth, but Cleveland is just now in the process of getting its first one in The Flats. Within these specially designated areas, the state's open container laws do not apply, allowing customers to walk freely with open containers of beer, wine and spirits within the designated borders without fear of that criminal violation. [More]

Settlement Reached in 12-Year-Old Lake Erie Border Class Action Lawsuit - Owners of property bordering Lake Erie in Ohio may be entitled to compensation (but claim forms must be filed by October 12, 2016)

A class action lawsuit dating back to 2004 has finally been settled involving the owners of property bordering Lake Erie in Ohio who filed against the State of Ohio (State), in conjunction with the Ohio Department of Natural Resources (ODNR). As part of the settlement, affected current and past landowners may qualify for reimbursement if they file the necessary claim form by October 12 of this year.
At the heart of the lawsuit was the State's claim of public trust ownership up to the Ordinary High Water Mark (OHWM) of Lake Erie. It was back in 2011 that the Ohio Supreme Court weighed in with its opinion that the State's title in trust to Lake Erie is actually the natural shoreline and not the OHWM. This led to years of litigation and fact finding between the various parties, resulting in the current settlement. [More]