Legal Opinion · Concurrence

Robinson v. Stark Cty. Bd. of Commrs., 2007 Ca 00154 (9-29-2008)

Ohio Court of Appeals

Decided September 29, 2008No. 2007 CA 00154Published

1Concurrence

{¶ 23} I concur in the affirmance of the trial court's decision, but would find appellants' Third Assignment of Error, not the Fourth, to be dispositive of the present appeal.

{¶ 24} The General Assembly has unequivocally specified the procedures for challenging expedited annexations, such as the Type I at issue here. See, R.C. 709.022.

{¶ 25} R.C. 709.022(B) states: "There is no appeal from the board's decision under this section in law and equity". Furthermore, "adjoining landowners" are not one of the parties authorized by statute to seek a writ of mandamus to compel boards of county…

2Cases cited1 opinion

  1. City of N. Canton v. City of Canton, Unpublished Decision (12-27-2005)Ohio Court of Appeals · 2005

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