Plain Township Board, Trustees v. Biddle, Unpublished Decision (8-20-2001)

OPINION

This is an appeal from a decision of the Stark County Court of Common Pleas denying an injunction under R.C. § 709.07 requesting that an order be issued preventing the annexation to the City of North Canton from Plain Township of 12.758 R-1 acres (Oakshire Place No. 4) and 34.064 B-2, R-2 acres, which annexation had been approved by the Stark County Board of Commissioners.

Appellants present three Assignments of Error:

I

THE DECISION OF THE TRIAL COURT IS CONTRARY TO LAW, AN ABUSE OF JUDICIAL DISCRETION, AND AGAINST THE WEIGHT OF THE EVIDENCE AS THE PETITION FOR ANNEXATION SHOULD BE…