THE STATE EX REL. BUTLER TOWNSHIP BOARD OF TRUSTEES, APPELLANT,
v.
MONTGOMERY COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted October 20, 2009.
Decided January 28, 2010.
Attorney(s) appearing for the Case
Newhouse, Prophater, Letcher & Moots, L.L.C., and Wanda L. Carter, for appellant.
Brahm & Cunningham, L.L.C., Catherine A. Cunningham, and Richard C. Brahm, for appellee Joseph P. Moore, agent for Waterwheel Farm, Inc.
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and John A. Cumming, Assistant Prosecuting Attorney, for appellee Montgomery County Board of County Commissioners.
Moore & Associates and Joseph P. Moore, for appellee city of Union.
Rinehart & Rishel, Ltd., and Christopher A. Rinehart; and Brown Law, Ltd., and Stephen D. Brown, urging reversal for amicus curiae Berlin Township Board of Trustees.
Loveland & Brosius, L.L.C., Donald F. Brosius, and Peter N. Griggs, urging reversal for amici curiae Ohio Township Association and the Coalition of Large Ohio Urban Townships.
John E. Gotherman, urging affirmance for amicus curiae Ohio Municipal League.
Supreme Court of Ohio.
O'DONNELL, J.
{¶ 1} The Butler Township Board of Trustees appeals from a decision of the Second District Court of Appeals that affirmed the trial court's order dismissing the township's petition for a writ of mandamus filed pursuant to R.C. 709.023(G).
{¶ 2} The two issues presented in this appeal are whether the township has standing to seek a writ of mandamus and, if it does, whether the board of county commissioners...
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