Opinion

Board of Township Trustees v. Horn

  • 2 Ohio App. 3d 170
  • 441 N.E.2d 628
Court
Ohio Court of Appeals
Filed
Dec 30, 1981
Status
Published
On the bench
Bell, Hun-Sicker, Hunsicker, Mahoney, Ninth
Cited by
6 cases
Authority
More cited than 75.0%

The opinion

Per Curiam.

This appeal is from a denial of a petition to enjoin annexation of the territory of land (described in the Appendix hereto) to the city of Medina. It is the appellant’s contention that the petitioners’ land is not adjacent.

The owners of parcels 1, 3 and 4 did not sign the petition. The owners of 2, 5, 6 and 7 did and they are a majority of the owners of the real estate in the territory sought to be annexed. None of the petitioners’ land is contiguous except for the 23 to 25.68 foot-wide strip running along the rear of lots 1, 2, 3 and 4 and which strip is owned by petitioner Duplaga as part of lot 5. (The parcel owned by Duplaga resembles a hockey stick in shape. The tip of the “handle” touches the Medina city corporation line.)

R.C. 709.02 provides:

“The owners of real estate adjacent to a municipal corporation may, at their option, cause such territory to be annexed thereto, * * *.”

The trial court held the territory sought to be annexed was adjacent and that the petitioners’ land need not be contiguous so long as a majority of the owners sign the petition and one part of the territory sought to be annexed is contiguous.

We agree with the trial court and affirm its judgment on two grounds. First, we concur in the ruling that the petitioners’ land need not be adjacent so long as a part of the land territory sought to be annexed is contiguous. Then all of the land is deemed adjacent. Secondly, the land of petitioner Duplaga is both contiguous and adjacent.

The judgment of the trial court is affirmed.

Judgment affirmed.

Mahoney, P. J., Bell and Hun-sicker, JJ., concur.

Hunsicker, J., retired, of the Ninth Appellate District, was assigned to active duty under authority of Section 6(C), Article IV, Constitution.

*171

Appendix

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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