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.聽is a property dispute. The聽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聽Ohio's Marketable Title Act聽secured their title. The聽Supreme Court of Ohio聽affirmed the judgement of Ohio's Seventh District Court of Appeals,聽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聽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.