BD. OF COMMRS. v. ELYRIA

No. 37374.

174 Ohio St. 135 (1962)

BOARD OF COMMISSIONERS OF LORAIN COUNTY, APPELLEE, v. CITY OF ELYRIA ET AL., APPELLANTS; CITY OF NORTH RIDGEVILLE, APPELLEE.

Supreme Court of Ohio.

Decided December 26, 1962.


Attorney(s) appearing for the Case

Mr. Paul J. Mikus, prosecuting attorney, for appellee Board of Commissioners of Lorain County.

Mr. J. C. William Tattersall, city solicitor, and Messrs. Myers, Horan & Ashenbach, for appellants.

Mr. Hubbard C. Wilcox, director of law, Messrs. McAfee, Hanning, Newcomer & Hazlett and Mr. Arthur G. Taylor, for appellee city of North Ridgeville.


MATTHIAS, J.

The primary question in this cause is whether a change of status of a municipality from a village to a city during the pendency of a proceeding before the Board of County Commissioners for the annexation of a part of the territory of the village to an adjoining city divests the board of its jurisdiction of such proceeding.

In order to reach this principal issue we must dispose of the contention which has been made that the Secretary of State acted...

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