THE STATE EX REL. BUTLER TOWNSHIP BOARD OF TRUSTEES ET AL., APPELLEES,
v.
MONTGOMERY COUNTY BOARD OF COUNTY COMMISSIONERS; CUNNINGHAM ET AL., APPELLANTS.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted May 24, 2006.
Decided December 13, 2006.
Attorney(s) appearing for the Case
Moots, Carter & Hogan, Wanda L. Carter, and Christopher E. Hogan, for appellees.
Plank & Brahm, Catherine A. Cunningham, and Richard C. Brahm, for appellant Catherine A. Cunningham, agent for Waterwheel Farm, Inc.
Moore & Associates and Joseph P. Moore, for appellant Denise Winemiller, clerk of Union City Council.
Loveland & Brosius, L.L.C, Donald F. Brosius, and Peter N. Griggs, urging affirmance for amici curiae Ohio Township Association and Coalition of Large Urban Townships.
Frederick A. Vierow, urging reversal for amici curiae County Commissioners Association of Ohio and County Engineers Association of Ohio.
Porter, Wright, Morris & Arthur, L.L.P., Robert A. Meyer Jr., J. Jeffrey McNealey, and L. Brad Hughes; Smith & Hale and Harrison W. Smith Jr.; Vorys, Sater, Seymour & Pease, L.L.P., and Bruce Ingram, urging reversal for amici curiae Ohio Home Builders Association and Building Industries Association of Central Ohio.
Byron & Byron Co., L.P.A., Barry M. Byron, and Stephen L. Byron; and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.
Supreme Court of Ohio.
ALICE ROBIE RESNICK, J.
{¶ 1} This appeal requires us to construe R.C. 709.02(E)'s definition of "owners" in determining the number of owners needed to sign an annexation petition. Specifically, we must determine whether landholders who own the property over which a roadway easement exists are "owners" of the roadway property pursuant to the statute when others seek annexation of the roadway...
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