The City of Munroe Falls filed an appeal from a decision of the Ninth District Court of Appeals, which held that some of the Munroe Falls ordinances were preempted by state legislation that vests authority to regulate oil and gas production in ODNR. We discussed the issue of preemption generally here, and summarized the earlier decision here.
Today, responding to jurisdictional briefs filed by the City of Munroe Falls and Beck Energy, the Ohio Supreme Court agreed to hear the appeal.
The parties will next file briefs, and we will keep you posted.
Readers who may wish to add their perspective to the issues pending before the Supreme Court in this appeal as “friends of the court” can refer to Rule 16.06 of the Supreme Court’s Rules of Practice, which addresses the filing of briefs of amici curiae.