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

> Ohio Court of Appeals · September 29, 2008 · 2008 Ohio 5010

URL: https://www.frixlaw.com/law-library/cases/3725425

## Case

- **Full name:** Herbert G. Robinson, Relators-Appellants v. Stark County Board of County Commissioners
- **Court:** Ohio Court of Appeals
- **Decided:** September 29, 2008
- **Citations:** 2008 Ohio 5010
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** WISE, J.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3725425

## Opinion text

{¶ 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3725425. Public record. Not legal advice.