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CARLYN v. DAVIS

No. 9819.

1 Ohio App. 3d 75 (1981)

IN RE PETITION FOR ANNEXATION OF APPROXIMATELY 111 ACRES TO THE CITY OF AKRON: CARLYN ET AL., APPELLANTS AND CROSS-APPELLEES, v. DAVIS, APPELLEE AND CROSS-APPELLANT; HOLCOMB, APPELLEE.

Court of Appeals of Ohio, Summit County.

Decided February 25, 1981.

Attorney(s) appearing for the Case

Messrs. Oestreicher, Sternberg & Manes and Mr. Marvin G. Manes, for the Trustees of Springfield Township.

Mr. Robert D. Pritt, director of law, and Ms. Patricia C. Ambrose, for Edward Davis, clerk of council.

Brouse & McDowell Co., L.P.A., and Mr. John E. Holcomb, for John E. Holcomb, agent for Goodyear Aerospace Corporation.

MAHONEY, J.

This is an appeal by Donald E. Carlyn, Paul Miller and Alfred E. Schrader, Trustees of Springfield Township (the Trustees), from a judgment denying their petition for injunction in a R.C. 709.07 action. The cross-appeal is taken by Edward Davis, Clerk of Council of the city of Akron (Davis), from that portion of the judgment upholding the standing of the Trustees to bring the action.

We reverse and enter final judgment in favor of Edward Davis...

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