Opinion

Robinson v. Stark Cty. Bd. of Commrs., 2007 Ca 00154 (9-29-2008)

  • 2008 Ohio 5010
Court
Ohio Court of Appeals
Filed
Sep 29, 2008
Status
Published
On the bench
WISE, J.
Cited by
0 cases
Authority
More cited than 43.0%

The opinion

{¶ 23} I concur in the affirmance of the trial court's decision, but would find appellants' Third Assignment of Error, not the Fourth, to be dispositive of the present appeal.

{¶ 24} The General Assembly has unequivocally specified the procedures for challenging expedited annexations, such as the Type I at issue here. See, R.C. 709.022 .

{¶ 25} R.C. 709.022 (B) states: "There is no appeal from the board's decision under this section in law and equity". Furthermore, "adjoining landowners" are not one of the parties authorized by statute to seek a writ of mandamus to compel boards of county commissions to perform their duties under the expedited annexations provisions. R.C. 709.023

{¶ 26} Accordingly, I would find the trial court lacked subject matter jurisdiction to review Appellants' challenge to the expedited Type I annexation. See also, City of North Canton v. City of Canton , 5th Dist. No. 2005-CA-00123, 2005-Ohio-6953 . *Page 1

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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