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CHADWELL v. CAIN

Nos. 35653, 35763, 35785 and 35786.

169 Ohio St. 425 (1959)

CHADWELL, APPELLANT, v. CAIN, CLERK, APPELLEE. MARTIN, JR., APPELLANT, v. FLICK, DIRECTOR OF FINANCE, ET AL., APPELLEES. THE D. H. WILLEY LUMBER CO., APPELLANT, v. FLICK, DIRECTOR OF FINANCE, ET AL., APPELLEES. WILLEY ET AL., APPELLANTS, v. FLICK, DIRECTOR OF FINANCE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Mr. James B. Albers, for appellant in case No. 35653.

Mr. Russell Leach, city attorney, and Mr. Alba L. Whiteside, for appellee in case No. 35653.

Messers. Cowell & Fletcher and Messrs. Lerous & Weber, for appellants in cases Nos. 35763, 35785 and 35786.

Mr. James W. Farrell, Jr., city solicitor, and Mr. William A. McClain, for appellees in cases Nos. 35763, 35785 and 35786.

HERBERT, J.

The discretionary power legislatively vested in Boards of County Commissioners in annexation matters has long been recognized in the decisions of this court. A little over 100 years ago in the case of Powers v. County Commrs. of Wood County, 8 Ohio St. 285, Swan, J., stated in the opinion:

"The extent and limits of a municipal corporation depend upon a variety of questions, both of a public and local nature; and among them is involved...

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