Smith v. Shelley

This is an appeal from a judgment of the Common Pleas Court of Franklin County permanently enjoining the city of Westerville in Franklin County from accepting certain territory for annexation. The trial court found that the petition for annexation did not contain a majority of the adult freeholders residing on the territory as is required by Section 709.02, Revised Code.

The Franklin County Commissioners approved the annexation to Westerville of 709.938 acres of territory in Blendon Township. The approval was based upon an amended petition filed by adult freeholders residing on the territory.…