HOYE v. SCHAEFER.

No. 34988.

166 Ohio St. 277 (1957)

HOYE, APPELLEE, v. SCHAEFER, RECORDER, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 17, 1957.


Attorney(s) appearing for the Case

Messrs. George, Greek, King & McMahon and Mr. David A. Johnson, for appellee.

Mr. Thomas W. Applegate and Mr. C. Richard O'Neil, for appellants.


BELL, J.

The only difference between the facts of this case and those of the Shaver case, supra, is in the manner of disposition of the annexation petitions. In the Shaver case the commissioners had allowed the annexation, but it was subsequently enjoined. In the instant case, the annexation petitions were disallowed by the commissioners themselves.

This court held in the Shaver case that the granting of the injunction was tantamount to...

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