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IN RE ANNEXATION OF 1188.7 ACRES IN MIAMI TWP.

No. 89-848.

52 Ohio St. 3d 124 (1990)

IN RE ANNEXATION OF 118.7 ACRES IN MIAMI TOWNSHIP TO CITY OF MORAINE: MIAMI TOWNSHIP BOARD OF TRUSTEES, APPELLANT, v. CATON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 27, 1990.

Attorney(s) appearing for the Case

Moots, Cope, Stanton & Kizer, Elizabeth M. Stanton, Wanda L. Carter, Taylor & Associates Co., L.P.A., and Jeffrey L. Taylor, for appellant.

William D. Forbes, for appellee Rita Caton, Moraine City Clerk.

Fred M. Izenson, for appellee Peter H. Kuntz.

Calfee, Halter & Griswold, John E. Gotherman and Stanley J. Dobrowski, urging affirmance for amicus curiae, Ohio Municipal League.

Michael H. Cochran, urging reversal for amici curiae, Ohio Township Association and Montgomery Cty. Township Association.

HOLMES, J.

The Board of Township Trustees of Miami Township, as well as the amici township associations basically argue in this appeal that the methods of annexing territory to a municipality, (1) by the petition of landowners pursuant to R.C. 709.02 through 709.21, and (2) by the petition of a city pursuant to R.C. 709.13 through 709.21, are mutually exclusive, and that, accordingly, a municipality may not assist landowners in the proceeding of any such landowners...

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