COLUMBUS, Ohio - The Ohio Supreme Court is scheduled to hear arguments today in a Trumbull County case involving a brine water disposal well that was shut down by the state after claims that it caused minor earthquakes. The dispute centers on whether the state's actions constitute a “taking” of the company's property and, if so, how much compensation is owed.

The case, which has been ongoing since the Ohio Department of Natural Resources ordered AWMS Water Solutions to suspend operations in 2014 following a magnitude 2.1 earthquake, is before the high court for the third time.

AWMS argues that the shutdown order effectively took its property without compensation, preventing it from profiting from its investment. The company claims it has suffered more than $20 million in losses.

The state, however, argues that the facility was a public nuisance and that it should not have to pay anything.

The ODNR, supported by a friend-of-the-court brief from Weathersfield Township, contends that the well site was a public nuisance and that the state owes the company nothing. The agency's position is that even if a property is not an imminent threat, it can still be considered a nuisance, and that the company's operations have the potential for escalating seismic activity.

The Eleventh District Court of Appeals previously ruled that a "partial taking" of the property occurred. However, it rejected AWMS's $20 million figure, instead siding with the state's experts who calculated the damages at around $360,000.

AWMS is now appealing that decision, arguing the appeals court overstepped its authority by determining the damages. The company maintains that the appeals court should have declared that a taking occurred and sent the case to a local trial court to determine damages through an appropriation proceeding.

The Ohio Supreme Court's ruling could have significant implications for how regulatory takings are handled in the state.