Merrill v. Ohio

Date: August 11, 2011

In this case, the Ohio Department of Natural Resources (ODNR) challenges the right of property owners to exclude trespassers from their property on the shores of Lake Erie. This is an important issue not only for residential property owners, but also for businesses along Lake Erie who want to be able to exclude trespassers. At issue is the question of where private property ends and state owned land begins. 

The NFIB Legal Center filed an amicus brief on behalf of private property owners arguing that the state could not redefine private property to make it public land. Our arguments were essentially accepted by the Ohio Supreme Court in the fall of 2011. 

Status:  Victory - Ohio Supreme Court!

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