Opinion

Smith v. Granville Township Board of Trustees

  • 81 Ohio St. 3d 608
  • 693 N.E.2d 219
Court
Ohio Supreme Court
Filed
May 13, 1998
Status
Published
Author
Pfeifer
On the bench
Cook, Douglas, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney
Cited by
147 cases

discussing the “long-standing principle that annexation is to be encouraged”

How later courts described this case

  • discussing the “long-standing principle that annexation is to be encouraged”
  • “it is apparent that the spirit and purpose of the annexation laws of Ohio are to encourage annexation to municipalities and to give weight to the requests of property owners relative to the governmental subdivision in which they desire their property to be located”
  • “the act of the State Board of Education disapproving a transfer of territory request pursuant to R.C. 3311.06 is a quasi-judicial act, and, as such, is appealable under R.C. 119.12”

Written by the judges who cited it.

Distinguished

  • Distinguished by Brahm v. Beavercreek Township Board of Township Trustees, 143 Ohio App. 3d 205 (2001)

    81 Ohio St.3d 608, 693 N.E.2d 219, is distinguishable.
    Ohio Court of AppealsMay 18, 2001Read it

The opinion

Pfeifer, J.,

concurring. I recognize that putting high-density housing into a fairly small school district presents potentially enormous challenges regarding the sufficiency of facilities to accommodate the rapid growth. The General Assembly has also been mindful of the problems annexation may pose to particular school districts, and R.C. 3311.06 is an avenue of relief. R.C. 3311.06 provides a mechanism for the transfer of the annexed territory into the school district of the city to which the territory has been annexed.

*618 The effects of annexation on school districts have been taken into account and have been dealt with responsibly by the General Assembly. Therefore, I decline to introduce a new factor into the evaluation of annexation petitions.

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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