Brent W. Yager , Marion County Prosecuting Attorney, for appellee.
Brady, Coyle & Schmidt, Ltd., and Margaret G. Beck , urging reversal for amici curiae, Ohio Concrete Association, Ohio Home Builders Association, Associated General Contractors of Ohio, Ohio Contractors Association, Ohio Aggregates and Industrial Minerals Association, and Flexible Pavements of Ohio.
Per Curiam.
{¶ 1} The primary issue in this case is whether a railroad that holds land within a territory proposed for annexation is an "owner" as defined in R.C. 709.02 such that it must consent to the annexation or whether its property interest falls within an exception in that definition for "railroad, utility, street, and highway...
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