Does State's Public Trust Authority over Lake Erie Extend to High Water Mark, or End at Water's Edge?

Case Also Asks Whether Attorney General Has Independent Authority to Appeal a Judgment Adverse to the State Without Direction from Governor or Legislature

State ex rel. Robert Merrill, Trustee, et al. v. State of Ohio, Department of Natural Resources, et al., Case no. 2009-1806

11th District Court of Appeals (Lake County)

ISSUES:

* Does the state's "public trust" authority over Lake Erie and the land underlying the lake within the borders of Ohio extend to the "ordinary high water mark" on the shore, or stop at the water's edge?