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CARLYN v. CITY OF AKRON

No. 81-3358.

726 F.2d 287 (1984)

Donald E. CARLYN, et al., Plaintiffs-Appellants, v. CITY OF AKRON, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1984.

Attorney(s) appearing for the Case

Board of Trustees of Springfield Township, Helen Schrader, Akron, Ohio, Kent R. Minshall, Cleveland, Ohio (argued), for plaintiffs-appellants.

John W. Solomon, Brouse & McDowell Co., L.P.A., Akron, Ohio, for City of Akron.

John E. Holcomb, Brouse & McDowell Co., L.P.A., Akron, Ohio, for Goodyear.

Patricia Ambrose, Akron Law Dept., Robert D. Pritt (argued), Akron, Ohio, for Ray and Davis.

Orville L. Reed, Daniel G. LaPorte, Buckingham, Doolittle & Burroughs Co., L.P.A., Akron, Ohio, for defendants-appellees.

Before EDWARDS, Chief Judge, JONES, Circuit Judge, and PECK, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Chief Judge.

This case presents the question as to whether or not Ohio's annexation statutes, O.R.C. §§ 709.02-709.21 are or are not federally constitutional. The critical issue is that in the circumstances presented here, a portion of a township was detached from Springfield Township and annexed by the City of Akron without an affirmative vote of the township concerned. The annexation was initiated by the Goodyear Tire and Rubber...

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