Goetz v. Board of County Commissioners of Butler County

I agree that the common pleas court’s decision must be reversed and final judgment entered for appellants. I cannot, however, accept the majority’s conclusion that R.C. Chapter 5563 is the exclusive vehicle for appealing a county commission’s decision to vacate a public road. As noted by the majority, R.C. 5553.30 provides the procedure for appealing a decision by the board of county commissioners regarding an improvement petition. R.C. 5553.30 first notes that any interested person may appeal an order granting the improvement. It goes on to state, however, that “[s]uch appeal may be…