Plaintiff alleges Defendant improperly claimed mineral rights following bankruptcy transfer

The ongoing legal battle over mineral rights in Tuscarawas County, Ohio, has taken a new turn as the appellate court reverses a previous trial court decision. On December 19, 2025, the Court of Appeals for the Fifth Appellate District ruled in favor of Joshua and Haley McPeek, overturning a prior judgment that neither they nor David and Debbie Hursey were the rightful owners of valuable underground commodity rights. The case centers around an 86.738-acre tract of land initially conveyed by John and Mary Ann Hursey to their son David Hursey in 2000.

The complaint was filed by David M. Hursey in the Court of Common Pleas of Tuscarawas County on July 2023 against Joshua McPeek. The dispute arose from differing interpretations of a deed executed by John and Mary Ann Hursey, which conveyed surface rights to their son while retaining mineral rights for themselves during their lifetimes. The deed stated that upon the death of the last surviving grantor, these rights would pass to David Hursey or his heirs. However, when David declared bankruptcy in 2006, his ownership interest was transferred to Joshua McPeek through a trustee’s deed.

Following the deaths of Mary Ann and John Hursey in 2017 and 2019 respectively, the McPeeks entered into an agreement to lease these underground rights to Reserve Energy Exploration Company. This action prompted David and Debbie Hursey to file a declaratory judgment action seeking to quiet title on these rights, asserting that any conveyance during bankruptcy did not include them since both elder Hurseys were alive at that time.

The appellate court found that the trial court erred in its interpretation by ignoring clear language indicating that John and Mary Ann intended only a life estate for themselves with vested remainder interests for their son David. As such, once both elder Hurseys passed away, ownership should have rightfully transitioned to McPeek due to his acquisition via bankruptcy proceedings.

In addition to reversing this decision regarding ownership status post-elder Hurseys’ deaths—thus validating McPeek’s affidavit claiming ownership—the appellate court remanded further proceedings back down for additional trial-court actions consistent with its findings.

Representing plaintiffs-appellees were Sean R. Scullin from Scullin & Cunning LLC based out of Boardman Ohio; defendants-appellants had Cari F Evans from Fischer Evans & Robbins Ltd located within Canton Ohio handling their legal matters before Judges Andrew J King Robert G Montgomery along with presiding Judge David M Gormley under Case No:2025 AP03 0012