Lariccia v. Mahoning County Board of Commissioners

Appellant asks us to examine the scope of the discretion to be exercised by a board of county commissioners in considering a petition for the annexation of real property to an adjacent municipal corporation. For reasons set forth below, we conclude that the resolution-adopted by the appellant board on November 14, 1972, denying appellees’ petition, was an improper exercise of its discretion based upon the record before it, and we affrm the judgment of the Court of Appeals which reversed the judgment of the Court of Common Pleas and ordered that the petition be granted.

*101The procedure by which…