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STATE EX REL. BUTLER TOWNSHIP BOARD OF TRUSTEES v. MONTGOMERY CTY. BOARD OF CTY. COMMRS.

No. 20725.

162 Ohio App.3d 394 (2005)

2005-Ohio-3872

THE STATE ex rel. BUTLER TOWNSHIP BOARD OF TRUSTEES et al., Appellants, v. MONTGOMERY COUNTY BOARD OF COUNTY COMMISSIONERS et al., Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided July 29, 2005.

Attorney(s) appearing for the Case

Wanda L. Carter and Christopher E. Hogan, for appellants.

John Cumming and Chris Van Schalk, for appellee Montgomery County Board of Commissioners.

Joseph P. Moore, for appellee city of Union.

Catherine A. Cunningham, for appellee Waterwheel Farm, Inc.

WOLFF, Judge.

{¶ 1} The Butler Township Board of Trustees ("Butler Township"), as a relator, and several owners of property whose properties extended to the centerline of Jackson Road ("excluded owners")1 appeal from a judgment of the Montgomery County Court of Common Pleas, which denied their motion for a preliminary injunction.

{¶ 2} On June 24, 2004, Waterwheel Farms, Inc. ("Waterwheel") filed a petition with the Montgomery...

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