Smith Evergreen Nursery, Inc., Petitioner-Appellee,
v.
Village of Magnolia, Ohio, et al., Respondent-Appellant.
Court of Appeals of Ohio, Fifth District, Stark County.https://leagle.com/images/logo.png
DATE OF JUDGMENT ENTRY: December 7, 2009.
DATE OF JUDGMENT ENTRY: December 7, 2009.
Attorney(s) appearing for the Case
Rex W. Miller, Lesh, Casner & Miller, Suite 606 Belden-Whipple Building, 4150 Belden Village Street, NW, Canton, Ohio 44718, for Petitioner-Appellee.
Kevin R. L'Hommedieu, 53 West Case Drive, Hudson, Ohio 44236, for Respondent-Appellant.
Before: Hon. William B. Hoffman, P. J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.
Court of Appeals of Ohio, Fifth District, Stark County.
OPINION
WISE, J.
{¶1} Appellant Village of Magnolia appeals the decision of the Court of Common Pleas, Stark County, which granted the application of Appellee Smith Evergreen Nursery, Inc. for the detachment of 62 acres of land from said village. The relevant facts leading to this appeal are as follows.
{¶2} Appellee is the owner of 103 acres of land, presently consisting largely of a tree farm, in the northeast...
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