ELR Citation: ELR 20006
No(s). 02-3778 (6th Cir. Jan 10, 2006)

The court reverses and remands a lower court decision that a city's dewatering activities did not constitute a taking of homeowners' property. The court previously certified the issue to the Ohio Supreme Court, and that court held that Ohio homeowners have a property interest in the groundwater underlying their land and that governmental interference with that right can constitute an unconstitutional taking.