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EATON v. BD. OF COMMRS.

No. 7476.

49 Ohio App. 2d 24 (1974)

EATON ET AL., APPELLEES, v. BD. OF COUNTY COMMRS. OF SUMMIT COUNTY, APPELLANT.

Court of Appeals of Ohio, Summit County.

Decided October 30, 1974.

Attorney(s) appearing for the Case

Mr. Joseph G. Miller and Mr. William E. Howard, for appellees.

Mr. Stephen M. Gabalac, prosecuting attorney, and Mr. William E. Schultz, for appellant.

MAHONEY, J.

The petitioners, appellees herein, are all of the seven owners of over 115 acres of land in Bath Township, contiguous to the village of Fairlawn, to which they seek annexation. Their petition was denied by the Board of County Commissioners of Summit County. The Court of Common Pleas of Summit County found that the denial was "* * * arbitrary and unreasonable and is not supported by the preponderance of reliable and probative evidence * * *." The court...

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