IN RE PETITION TO ANNEX 320 ACRES TO THE VILLAGE OF S. LEBANON

Nos. 91-1028 and 91-1037.

64 Ohio St.3d 585 (1992)

IN RE PETITION TO ANNEX 320 ACRES TO THE VILLAGE OF SOUTH LEBANON: CINCINNATI MILACRON, INC., APPELLEE AND CROSS-APPELLANT, v. DOUGHMAN, CLERK, ET AL., APPELLANTS AND CROSS-APPELLEES. IN RE PETITION TO ANNEX 320 ACRES TO THE VILLAGE OF SOUTH LEBANON: CINCINNATI MILACRON, INC., APPELLEE, v. BOARD OF COMMISSIONERS OF WARREN COUNTY, OHIO, APPELLANT.

Supreme Court of Ohio.

Decided September 2, 1992.


Attorney(s) appearing for the Case

Frost & Jacobs, David C. Horn and Vincent E. Mauer, for Cincinnati Milacron, Inc. in case Nos. 91-1028 and 91-1037.

John C. Quinn, for appellant and cross-appellee Richard Doughman, Clerk, in case No. 91-1028.

Lucas, Prendergast, Albright, Gibson & Newman and Richard C. Brahm; Rendigs, Fry, Kiely & Dennis and William P. Schroeder, for appellant and cross-appellee Carl E. Oeder, Agent, in case No. 91-1028.

Timothy A. Oliver, Prosecuting Attorney, Michael E. Powell and Carolyn A. Duvelius, for appellant Warren County Board of Commissioners in case No. 91-1037.

John C. Quinn, urging reversal for amicus curiae, village of South Lebanon, Ohio, in case No. 91-1037.

Calfee, Halter & Griswold, John E. Gotherman and Marilyn G. Zack, urging reversal for amicus curiae, Ohio Municipal League in case Nos. 91-1028 and 91-1037.


HOLMES, J.

The first issue before the court is whether R.C. Chapter 2506 is a potential remedy for persons who challenge the annexation of property to another jurisdiction by a board of county commissioners which has acted upon a landowners' petition. Another issue before the court is whether a reviewing court pursuant to R.C. 709.07 may "sever" or "excise" territory from an approved annexation petition. For the reasons...

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