1. Ohio Lakefront Group www.ohiolakefrontgroup.com 1 Ohio Lakefront Group Annual Meeting Sandusky May 28, 2015

2. Ohio Lakefront Group www.ohiolakefrontgroup.com 2 What is the Ohio Lakefront Group Non-Profit and non-partisan Incorporated in 1999 Grassroots volunteer organization Ordinary citizens; shoreline residents At present there are over 7,000 members There are 14,000 - 15,000 parcels along Lake Erie in Ohio

3. Ohio Lakefront Group www.ohiolakefrontgroup.com 3 Purpose Prevent taking of shoreline property by the State of Ohio Protect the use of Lake Erie and the environment through reasonable regulation We are NOT anti-environment, we just want our deeds honored !

4. Ohio Lakefront Group www.ohiolakefrontgroup.com 4 Nominees for Board of Directors Baeppler, GregBay Village Baker, DickWillowick Bunsey, BobHuron Cyvas, VitasWillowick Kemmerer, KentWillowick Limbert, GinaTimberlake Plymale, NancyMarblehead Prout, MikeSandusky Rennell, RickBay Village Tatter, KenSheffield Lake Yankel, TonyBay Village

5. Ohio Lakefront Group Treasurer's Report www.ohiolakefrontgroup.com 5

6. Ohio Lakefront Group Treasurer's Report, Cont. www.ohiolakefrontgroup.com 6

7. Ohio Lakefront Group www.ohiolakefrontgroup.com 7 Ohio Lakefront Group Annual Meeting Sandusky May 28, 2015

8. Ohio Lakefront Group www.ohiolakefrontgroup.com 8 Recent History Sept. 2012—Judge Lucci gave us another great decision. ODNR appeals it to the Court of Appeals. ODNR never asked for a “Stay” of Lucci’s decision. April 2014—Appeals Court agrees with Lucci. Attorney General Mike DeWine dropped out of our case. ODNR appeals to the Supreme Court using outside (expensive) legal help. April 2015—Supreme Court refuses to hear ODNR appeal.

9. Ohio Lakefront Group Lucci’s Decision Defined the Natural Shoreline Voided Land Leases Notice to be provided to Governments Return of Lease Fees Same Class Certification Prevailing Party –Attorney Fees later www.ohiolakefrontgroup.com 9

10. Ohio Lakefront Group Lucci’s Natural Shoreline “The furthest landward boundary of the ‘territory’…is the natural shoreline” The natural shoreline can be determined on a calm day. Assuming that the water is gently oscillating landward and lakeward, the natural shoreline would be located mid-distance between the two points. “artificial fill is [allowed] to remedy an avulsion or reclaim land lot by avulsion.” Simply, the Public Trust is essentially “If your feet are in the water, you are OK, if not in the water, you are trespassing. www.ohiolakefrontgroup.com 10

11. Ohio Lakefront Group Lucci—Voided Land Leases “Any current submerged land lease between ODNR and any of the plaintiffs is declared void and invalid as to any land below OHWM and above the natural shoreline owned by the class plaintiffs.” “ODNR shall return all submerged land lease fees between OHWM and the natural shoreline paid between 1998 and the present.” Have you gotten any money back? www.ohiolakefrontgroup.com 11

12. Ohio Lakefront Group Is ODNR Using Lucci’s Natural Shoreline? NO ODNR tells property owners that need a permit/lease that: –“To assist your surveyor in determining the location of the natural shoreline, a compact disk with available aerial imagery from 1937 to 2011 and the 1876 Lake Survey is enclosed.” www.ohiolakefrontgroup.com 12

13. Ohio Lakefront Group May 1956 www.ohiolakefrontgroup.com 13

14. Ohio Lakefront Group April 1973 www.ohiolakefrontgroup.com 14

15. Ohio Lakefront Group May 1980 www.ohiolakefrontgroup.com 15

16. Ohio Lakefront Group March 28, 1986 www.ohiolakefrontgroup.com 16

17. Ohio Lakefront Group April 20, 1989 www.ohiolakefrontgroup.com 17

18. Ohio Lakefront Group April 19, 1990 www.ohiolakefrontgroup.com 18

19. Ohio Lakefront Group April 22, 1993 www.ohiolakefrontgroup.com 19

20. Ohio Lakefront Group Conclusion Regarding Lucci’s Order ODNR has not paid back the lease fees. ODNR is not using the “natural shoreline” as defined by Lucci. www.ohiolakefrontgroup.com 20

21. Ohio Lakefront Group Who Are We Fighting ODNR National Wildlife Federation Ohio Environmental Counsel www.ohiolakefrontgroup.com 21

22. Ohio Lakefront Group What Are Our Issues? Get ODNR to obey the letter and the spirit of the Law. No Public Trust rights on our property. Restoration of land lost due to avulsion. Void leases on private property. A clear definition so that trespassing laws can be enforced. www.ohiolakefrontgroup.com 22

23. Ohio Lakefront Group Trespassing Near a House www.ohiolakefrontgroup.com 23

24. Ohio Lakefront Group www.ohiolakefrontgroup.com 24

25. Ohio Lakefront Group www.ohiolakefrontgroup.com 25

26. Ohio Lakefront Group Motorcycle www.ohiolakefrontgroup.com 26

27. Ohio Lakefront Group The Public at its Best www.ohiolakefrontgroup.com 27

28. Ohio Lakefront Group What Are Our Claims Attorney Fees Deeds have been altered and need to be corrected. People have paid for leases and fees on land that they own. People need to be compensated for the land that was temporally taken by the State for the past 10-20 years. A rogue agency needs to be stopped. www.ohiolakefrontgroup.com 28

29. Ohio Lakefront Group What Is In The Future? ODNR will likely challenge every request we make in Court: –For Attorney Fees –For a clear definition of private property and what is trespassing –For restoring altered deeds –For lease payments –For the temporary regulatory taking of property www.ohiolakefrontgroup.com 29

30. Ohio Lakefront Group www.ohiolakefrontgroup.com 30 Glass v Goeckel Michigan Supreme Court Changed the Law in Michigan: Took away owner’s “exclusive use” Created a right of “beach walking”

31. Ohio Lakefront Group Lessons Learned from Michigan Public opinion matters Judge’s perceptions of the best public policy may prevail over decades of prior law The Fifth Amendment Protection of Private Property is eroding www.ohiolakefrontgroup.com 31

32. Ohio Lakefront Group ODNR’s Position The public has the right to enjoy the lake itself and the waterfront. All Ohioans, be they sportsmen, nature lovers, or ?????, have the right to use Lake Erie, as well as our backyards. www.ohiolakefrontgroup.com 32

33. Ohio Lakefront Group www.ohiolakefrontgroup.com 33 Money Situation

34. Ohio Lakefront Group Dr. Jeffrey M. Reutter The Ohio State University Past Director Ohio Sea Grant College Program, including: F.T. Stone Laboratory, Center for Lake Erie Research, Great Lakes Aquatic Ecosystem Research Consortium www.ohiolakefrontgroup.com 34

35. Ohio Lakefront Group www.ohiolakefrontgroup.com 35 Questions