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GOETZ v. BD. OF COMMRS. OF BUTLER CTY.

No. CA85-10-129.

34 Ohio App. 3d 76 (1986)

GOETZ ET AL., APPELLEES, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY ET AL., APPELLANTS.

Court of Appeals of Ohio, Butler County.

Decided September 29, 1986.

Attorney(s) appearing for the Case

Dennis Wittman, for appellees.

John F. Holcomb, prosecuting attorney, and Victoria Daiker, for appellant board of county commissioners.

Carl Morgenstern Co., L.P.A., Carl Morgenstern and Roger Gates, for appellants John A. Schulte and Larry W. Schulte.

KOEHLER, P.J.

Following a public hearing on August 30, 1984, the Butler County Board of Commissioners, on December 27, 1984, passed a resolution to vacate a portion of Cann Road in Morgan Township, Ohio. This order to vacate was to become final if no appeal was effected. On January 7, 1985, pursuant to R.C. Chapter 2506, appellees, Carl Goetz, Vera Goetz and Richard Goetz, abutting landowners to Cann Road, filed a notice of appeal in the Court of Common Pleas of Butler...

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