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SUGARCREEK TWP. v. CENTERVILLE

No. 2011-0926.

133 Ohio St.3d 467 (2012)

2012 Ohio 4649

SUGARCREEK TOWNSHIP, Appellee, v. THE CITY OF CENTERVILLE, Appellant.

Supreme Court of Ohio.

Decided October 11, 2012.

Attorney(s) appearing for the Case

Frost, Brown, Todd, L.L.C., Matthew C. Blickensderfer , and Scott D. Phillips , for appellee.

Brahm & Cunningham, L.L.C., Richard C. Brahm , and Catherine A. Cunningham ; and Altick & Corwin Co., L.P.A., and Scott A. Liberman , for appellant.

Matthew J. DeTemple , urging affirmance for amici curiae Ohio Township Association, Coalition of Large Ohio Urban Townships, Ross Township, Weathersfield Township, Springfield Township, West Chester Township, Violet Township, Boardman Township, Miami Township, Hamilton Township, Howland Township, Pleasant Township, Royalton Township, Colerain Township, Moulton Township, Granger Township, Deerfield Township, Concord Township, Plain Township, Orange Township, Washington Township, Beavercreek Township, and Liberty Township.

Leslie S. Landen , urging reversal for amicus curiae city of Middletown.

Porter, Wright, Morris & Arthur, L.L.P., Robert A. Meyer Jr. , Mark A. Snider , and L. Bradfield Hughes , urging reversal for amici curiae Ohio Home Builders Association, Building Industry Association of Central Ohio, Ohio Association of Realtors, and Central Ohio NAIOP.

Darren Shulman , Delaware City Attorney, urging reversal for amicus curiae city of Delaware.

Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., Eugene L. Hollins , and Dale D. Cook , urging reversal for amici curiae Ohio Municipal League and cities of Troy, Kent, New Albany Zanesville, Westerville, Hilliard, Miamisburg, and Dayton.

LANZINGER, J.

{¶ 1} This case involves the interplay between a municipality's so-called expedited type-2 annexation of real property located within a township pursuant to R.C. 709.023 and the municipality's tax-increment financing ("TIF") created pursuant to R.C. 5709.40 to encourage development of that property. We hold that although a township continues to receive tax revenue on property that a municipality annexes through an expedited...

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