Boardman Township Board of Trustees v. Fleming

Lawrence Grey, Judge.

This case is an appeal from the Mahoning County Court of Common Pleas. It involves a question of statutory construction and requires this court to construe the extent of the authority granted by statute to township trustees to appropriate property.

On August 13, 1991, Boardman Township Trustees passed a resolution declaring it necessary to appropriate 3.8 acres of real property located on Tippecanoe Road in Boardman Township, Mahoning County, Ohio. The board’s purpose was to use the land to construct, a storm water retention system to control a flooding problem in the area.