July 26, 2022
Professor cited by Supreme Court of Ohio
Professor Fenner Stewart was cited in Senterra Ltd. v. Alan T. Winland et al.
Senterra Ltd. v. Alan T. Winland et al. is a property dispute. The owner of the property's surface petitioned to quiet title to a disputed oil and gas interest in its favor. The heirs to the oil and gas interest defended their title, arguing that Ohio's Marketable Title Act secured their title. The Supreme Court of Ohio affirmed the judgement of Ohio's Seventh District Court of Appeals, preserving the heirs' oil and gas interest.
Fenner's article "," 43 Cap.U.L.Rev. 435, 445 (2015) was cited in the decision. The article argues for automatic vesting, argue against a fixed look-back period, and finally, offer some guidance as to the application of the title transaction savings event.