Northeast Ohio Attorney News
Court Decisions and New Legislation of Interest to Northeast Ohio
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| Article Title | Date |
Chardon Attorney, Dale H. Markowitz, prevails on a zoning appeal regarding the conditional use permit for a nursing home in Medina, Ohio. See the attached Judgment Entry of the Medina County Court of Common Pleas in Medina Ohio Investors, Ltd. v. Progressive Medina Real Estate, LLC, et al. Medina Ohio Investors v Progressive Medina Real Estate
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1/11/12 |
Chardon Attorneys, Dale H. Markowitz and J. Jaredd Flynn, prevail on quiet title, bankruptcy court jurisdiction and related real estate matters. See the attached Decision of the 11th District Court of Appeals in Johnsonite, Inc. v. Mark Welch, Liquidating Trustee of the JRC Liquidating Trust, et al. |
12/11 |
Thrasher, Dinsmore & Dolan is proud to announce that the following attorneys have been named:
OHIO SUPER LAWYERS, as selected by Super Lawyers
BEST LAWYERS IN AMERICA, as selected by Best Lawyers
OHIO RISING STARS, as selected by Super Lawyers
BEST LAW FIRMS, as selected by Best Lawyers
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12/11 |
Thrasher, Dinsmore & Dolan opens office in downtown Cleveland: Crain's: http://www.crainscleveland.com/apps/pbcs.dll/article?AID=/20110915/FREE/110919931# Plain Dealer: http://blog.cleveland.com/metro/2011/09/matt_dolan_the_republican_cand.html WKYC: http://www.wkyc.com/video/default.aspx?bctid=1166368313001 News Herald: http://www.news-herald.com/articles/2011/09/16/business/nh4505371.txt Chardon Area Chamber of Commerce: http://www.chardonchamber.com/index.php?option=com_content&view=article&id=31:this-months-member-highlight&catid=7:member-highlight&Itemid=54
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9/11 |
Chardon Attorneys - Jaredd Flynn and Dale Markowitz recently prevailed on all counts in determining a winery operation was exempt from township zoning and a variance should have been granted for construction of a bridge, by proving practical difficulties existed. See the attached decision of the 11th District Court of Appeals in Elizabeth Schabel, et al. v. Michael Troyan, et al.
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5/11 |
Gas-well ordeal finally ends well
It took three years to reach a settlement and finally closure for residents impacted by a leak from a gas well drilled off English Drive in Bainbridge.According to the Ohio Department of Natural Resources, gas seeped into nearby water wells from the Ohio Valley Energy well and caused an explosion in December 2007 at the home of Richard and Thelma Payne on English Drive. Residents who joined a lawsuit against the Austintown company now are being compensated for their inconvenience and suffering, according to Chardon attorney Dale Markowitz, who represented them. The case that was filed in Geauga County Common Pleas Court is officially settled, he said. Forty-three households were involved in the class-action suit, and a lump sum was given to the residents, who then split it. The amount the residents received is confidential, Mr. Markowitz said. Bainbridge Township, which joined the suit, is to receive $50,000 for replacement of a water well and other expenses at its police station. A separate amount was given to Mr. and Mrs. Payne, whose house on English Drive was lifted off its foundation by the explosion. Ohio Valley Energy and other companies involved with the drilling also paid off Nationwide Insurance, which had the coverage on the Paynes' home. Any right to recover the $1 million for the waterline that was installed to serve those whose wells were impacted has been waived by Ohio Valley Energy. "It was a good settlement for the clients," Mr. Markowitz said. When he first heard about the explosion at the Payne house, he knew it had to be something to do with faulty drilling, he said. He has worked with gas and oil well leasing all over Northeast Ohio and helped with a number of regulations for drilling, he said. He worked with property owners with leasing for gas and oil wells. "The neighborhood off Bainbridge Road has no homeowners organization, and Ohio Department of Natural Resources wasn't going to protect the people," Mr. Markowitz said. "Our firm has expertise in that area," he said. "I knew these people needed a collective voice. So we got involved." Several attorneys from the firm of Thrasher, Dinsmore and Dolan in Chardon teamed up to represent the residents. They included Jaredd Flynn, Todd Hicks and David Ondrey, with Mr. Markowitz as the lead attorney. Residents included those from English and Scotland drives, as well as Kingswood and Kenston Lake drives in the neighboring Kenston Lake subdivision. "We knew people were affected down there, and we said let's see if we can help them," Mr. Flynn said. A Bainbridge resident, Mr. Flynn said the length and time the gas remained in the aquifer was unusual. "The problem persisted for almost three years, and, during that time, quite a bit changed in the lives of many of our clients. Some people moved away, and some passed away," he said. "I think it opened the state's eyes to the need for better regulations for gas and oil well drilling," Mr. Flynn said. "It highlighted people's awareness of drilling in residential areas." In the case of the Ohio Valley Energy well, the drilling of the gas well allowed gas to migrate from deep below the surface to shallower shale formations where our clients obtained their fresh water from, through the use of their water wells. The gas leaked into the aquifer because of a poor cement job and the failure to vent the high-pressure gas, Mr. Flynn said. More gas wells are going to be seen in the state and beyond as people find ways to develop more mineral rights, he said. Increased drilling is going to lead to more incidents unless regulations are adhered to and there are good drillers and operators complying with those regulations, he said. Mr. Markowitz went to officials at the Ohio Department of Natural Resources and convinced them that Ohio Valley Energy was not doing enough. ODNR had issued orders to monitor the situation but was not taking action to order Ohio Valley Energy to put in a waterline. "We brought Geauga County Commissioners, the Geauga County prosecutor, ODNR, the Geauga County Department of Water Resources and Ohio Valley Energy together for a meeting at the commissioners' offices and started getting it moving," Mr. Markowitz said of the waterline. The Bainbridge Township zoning and fire departments worked tirelessly with residents, and state Sen. Timothy Grendell "helped us too," Mr. Markowitz said. "If everyone had hired their own lawyers, it might not have turned out as it did," he said. "And we spent a lot of time on what we weren't hired for, such as pursuit of the waterline," he said. "In the end, Ohio Valley Energy did the right thing by settling and agreeing to waive the right to recover the cost of the waterline." Scotland Drive resident Irv Mesmer, who was part of the suit with other residents, thanked Mr. Markowitz and his team. "They did everything they could, and, after three years, they got it. They did a good job," he said. "We dealt directly with Jaredd Flynn and Dale." Mr. Mesmer recalled how he and his wife, Joanne, returned home from a vacation and saw trucks in the area. "It was the first we knew of it," he said of the gas leak and explosion. He hopes the state will come up with more regulations for drilling in residential areas, he said. "People in Columbus don't even know where Bainbridge is," Mr. Mesmer said. "I definitely think they have to be more careful. The state has to have better control." Regarding the three-year ordeal, Mr. Mesmer said, "Thank goodness it's over."
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2/16/11 |
"Chardon Law Firm, Thrasher, Dinsmore & Dolan, settles lawsuit against Ohio Valley Energy Systems Corp. and other Defendants in gas well contamination in Bainbridge Township on behalf of 43 Bainbridge Township homeowners." See, Richard O. Payne, et al. vs. Ohio Valley Energy Systems Corp., et al., filed in the Geauga County Common Pleas Court on January 30, 2009. |
12/10 |
Chardon Attorney, Dale H. Markowitz, spoke at the NBI Seminar on "Land Use Law: Current Issues and Subdivision, Annexation and Zoning" in December, 2010.
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12/09/10 |
Thrasher, Dinsmore & Dolan Lawyer Assists Technology Provider in Relocating Corporate Headquarters To Downtown Cleveland Ezio Listati acted as lead counsel for MCPc, Inc. in negotiating a lease with The Plain Dealer for MCPc's new corporate headquarters in downtown Cleveland. Mr. Listati also negotiated an incentive and financing package for MCPc with the City of Cleveland. Under the terms of the lease and financing package, MCPc will relocate 165 jobs and its corporate headquarters to the eastern edge of downtown Cleveland.
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12/10 |
| Congratulations to Dale H. Markowitz, a principal in the Chardon law firm, Thrasher, Dinsmore & Dolan, who continues to be named as an outstanding attorney in the practice area of Real Estate. Dale will be listed again in Super Lawyers - Corporate Counsel Edition, May 2011. | 08/17/10 |
Thrasher, Dinsmore & Dolan is pleased to announce it has named Jaredd Flynn as a Principal in the law firm. Jaredd has been an Associate with Thrasher, Dinsmore & Dolan for six years focusing his practice on a range of civil litigation and transactional legal matters for businesses and individuals, including real estate, landlord/tenant, zoning and intellectual property. His practice also includes juvenile and municipal law matters. Jaredd is a 2003 graduate of Case Western Reserve University School of Law, 1999 graduate of Miami University’s Richard T. Farmer School of Business, and 1995 graduate of Kent Roosevelt High School. Jaredd is a current resident of Bainbridge Township, where he resides with his wife Katie and three sons Carter, Grady and Ryan. |
01/31/10 |
Chardon Attorney, Dale H. Markowitz, spoke at the NBI Seminar on "Mineral Rights in America", in October, 2009. See brochure, Mineral Rights in America |
10/30/09 |
Chardon Attorneys, Dale H. Markowitz and J. Jaredd Flynn, of Thrasher, Dinsmore & Dolan, win on all zoning issues before the Court of Appeals in the Eleventh Appellate District, Ashtabula County, Ohio. See, Rickard v Trumbull Twp Bd of Zoning Appeals, 2009-Ohio-2619 |
06/09/09 |
Chardon law firm, Thrasher, Dinsmore & Dolan files lawsuit against Ohio Valley Energy Systems Corp., et al in gas well contamination in Bainbridge Township. See, Richard O. Payne, et al. vs. Ohio Valley Energy Systems Corp., et al., filed in the Geauga County Common Pleas Court on January 30, 2009. |
01/30/09 |
Thrasher, Dinsmore & Dolan agrees to represent more than 39 Bainbridge Township homeowners affected by release of methane and other gasses into their drinking water. |
06/26/08 |
Chardon Attorney, Dale H. Markowitz, a principal of Thrasher, Dinsmore & Dolan spoke at Zoning Seminar. |
10/07 |
Chardon Attorney, David M. Ondrey, a principal of Thrasher, Dinsmore & Dolan elected as Chairman of Board of Directors, UHHS Geauga Regional - Board Officers Selected for UH Geauga Medical Center (The News-Herald) |
6/21/07 |
Chester Township Bd. of Trustees v. Bank One, N.A. |
6/29/07 |
Chardon Attorney, Dolan, firm feted; 75th birthdays not forgotten by Geauga legal minds |
5/20/06 |
Three Thrasher, Dinsmore & Dolan Attorneys of Chardon Named as Ohio Super Lawyers |
4/14/05 |
Thrasher, Dinsmore & Dolan provides these news articles as a service to viewers who are interested in legal information pertinent to Chardon, Geauga County, and Ohio. If you have questions or comments, you can contact an Ohio attorney via e-mail using the contact form.