Board of Trustees v. Phelps

This is an appeal by Neil and Elizabeth Johnson from a Judgment of the Court of Common Pleas of Union County reviewing on administrative appeal a decision of the Union Township Board of Trustees and ordering appellants and others to share proportionally in the costs of repair and maintenance of a partition fence.

Larry and Alan Phelps (Phelps) are owners of agricultural land separated from a number of residential lots by a deteriorating farm fence originally built by Phelps. Appellants are owners of one of the residential parcels adjoining Phelps' land.

R.C. 971.02 and R.C. 971.04 define the…