ELR Citation: ELR 20368
No(s). 83-1910 (Ohio Dec 31, 1984)

The court holds that a user of groundwater may be liable to neighboring property owners for unreasonable withdrawal of groundwater from a common aquifer. In so doing, the court overrules its 1861 holding adopting the "English rule" that a landowner has an absolute right to use groundwater under his property because the movements of groundwater are too secret, occult, and concealed for regulation.

Judge Holmes concurs specially, explaining the salutory effects of the holding.

Counsel for Appellants
Steve J. Edwards
3391 Park St., Grove City OH 43123
(614) 875-6661

Counsel for Appellee
Robert E. Albright, Richard C. Brahm
Lucas, Prendergast, Albright, Gibson & Newman
20th Floor, The Motorists Bldg., 471 E. Broad St., Columbus OH 43215
(614) 228-5711

Before Brown, Sweeney, Locher, and Brown, JJ.