to mineral interest holders. [16] The court begins their review by stating that the abandonment standard is “reasonable due diligence” which is based on the facts and circumstances of each individual case. [17] Appellants’ contention behind the assignment of error is that a more in-depth internet search, beyond the public records, would have revealed a more pertinent address to send the certified mail to. [18] Which would, presumably, result in the notice being received by the mineral interest holders at the time. The court relied on the cases of Gerrity v. Chervenak and Fonzi v. Brown to guide their analysis. In Gerrity, the Supreme Court of Ohio held that an internet search is not required before publication of a notice of abandonment. [19] Furthermore, Gerrity explained that reviewing publicly available records in the county in which the property is located will, generally, establish baseline reasonable due diligence. [20] Despite the foregoing, Gerrity does express that there are circumstances which will require a more in-depth search, namely; a surface owner’s independent knowledge or information revealed in the property records. [21] Similarly in Fonzi, the Supreme Court of Ohio refined the Gerrity holding further to hold that; the search must go beyond county records when it is uncovered that the mineral holder did not live in the county of the mineral interest. [22] The court held that counsel for the Zollingers had complied with the reasonable diligence standards set out in both Gerrity and Fonzi. [23] The court based its reasoning on the fact that the certified mail was sent to the last known address of the Moores, the same address that George and Theresa Moore listed on the conveyance when the property was conveyed to the Zollingers. [24] Further, once the certified mail had not worked, counsel sent out notice via publication. [25] All of these steps rest firmly within the bounds of Ohio Rev. Code § 5301.56(E). Finally, the Appellants did no more than make an unsubstantiated conclusion that an internet search would have revealed a better address. [26] The record was completely devoid of any information that showed how searching further would have led the Zollingers and their counsel to a correct address. [27] Based on the above, the court held that the Zollingers successfully abandoned the severed mineral interest under Ohio Rev. Code § 5301.56(E). [28] Based on this holding, the Appellants’ second assignment of error was without merit. [29] Thus, the trial court grant of summary judgment in favor of SWN and the Zollingers was affirmed. [30]
However, this case is not quite laid to rest. A notice of appeal has been filed in the Supreme Court of Ohio, along with a Memorandum in Support of Jurisdiction filed by the Appellants. Stay tuned. The Author:
Andrew Good Director of Litigation Oliva Gibbs 614/340-9880
agood@oglawyers.com Andrew represents oil and gas com-
panies in litigation, arbitration, and regulatory matters, including proceedings before the Ohio Department of Natural Resources. With over a decade of experience, he also handles commercial disputes involving contracts, construction, real estate, and business torts. OSHA-certified and deeply familiar with state-specific is- sues, Andrew offers practical, results-driven legal strate- gies. He is actively involved in Ohio’s legal and nonprofit communities and has been recognized by Super Lawyers and Best Lawyers for his work in commercial litigation Education • J.D., Capital University Law School, Capital University • B.S., The Ohio State University Bar Admissions • New York • Ohio *Law clerk Matthew Gibson contributed to this article [16] Id. at ¶25. [17] Id. at ¶27, citing Sharp v. Miller, 2018-Ohio-4740, ¶17 (7th Dist.). [18] Moore at ¶31, citing See Gerrity v. Chervenak, 2020- Ohio-6705, ¶31, 34. [19] Gerrity v. Chervenak, 2020-Ohio-6705. [20] Id. at ¶36. [21] Id.
[22] Fonzi, at ¶26. [23] Moore, at ¶31. [24] Id. at ¶32. [25] Id. [26] Id. at ¶35. [27] Id. [28] Moore, at ¶37.
[29] Id. at ¶53. [30] Id. at ¶54.
29
G rowth T hrough E ducat i on - A pr i l / M ay / J une 2025
Made with FlippingBook Annual report maker