City of N. Canton v. City of Canton, Unpublished Decision (12-27-2005)

OPINION

{¶ 1} Plaintiff the City of North Canton, Ohio appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which dismissed its complaint for declaratory judgment and injunction. North Canton sought to prevent the defendant City of Canton from annexing certain property in defendant Plain Township. Appellant assigns a single error to the trial court:

{¶ 2} "I. THE TRIAL COURT ERRED IN GRANTING THE MOTION TO DISMISS OF APPELLEES, CITY OF CANTON, OHIO (AND SLIMAN AND VANCKUNAS), TO APPELLANT'S PREJUDICE."

{¶ 3} The trial court dismissed the complaint pursuant to Civ. R. 12 (B)(1),…