State ex rel. Merrill v. Dep’t of Natural Res.

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Plaintiffs, lakefront property owners and others, filed a complaint for declaratory judgment and mandamus against the Ohio Department of Natural Resources (ODNR) and the State, seeking declarations that owners of property abutting Lake Erie hold title to the land between the high-water mark and the actual legal boundary of their properties as defined in their deeds or a writ of mandamus to compel ODNR to compel the State to compensate them for its alleged taking of the property. The trial court subsequently consolidated the action of other Plaintiffs claiming ownership of their land to the low-water mark of Lake Erie. The trial court concluded that the public-trust territory of Lake Erie was a moveable boundary consistent with the water's edge. The appellate court affirmed the trial court's holdings regarding the boundary of the public trust. The Supreme Court reversed in part, holding (1) the territory of Lake Erie is held in public trust and extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes; and (2) the boundary of the public trust does not change from moment to moment, and artificial fill cannot alter the boundary. Remanded.