Legal Opinion

State Ex Rel. Butler Township Board of Trustees v. Montgomery County Board of County Commissioners

Ohio Court of Appeals

Decided July 29, 2005No. 20725PublishedCited by 7 opinions

1Opinion of the Court

Wolff, Judge.

{¶ 1} The Butler Township Board of Trustees (“Butler Township”), as a relator, and several owners of property whose properties extended to the centerline of Jackson Road (“excluded owners”) 1 appeal from a judgment of the Montgomery County Court of Common Pleas, which denied their motion for a preliminary injunction.

{¶ 2} On June 24, 2004, Waterwheel Farms, Inc. (“Waterwheel”) filed a petition with the Montgomery County Board of Commissioners for annexation to the city of Union of 79.840 acres of its property and of a portion of Jackson Road, situated in Butler Township. The…

2Cases cited3 opinions

  1. Garono v. StateOhio Supreme Court · 1988
  2. Cincinnati Milacron, Inc. v. DoughmanOhio Supreme Court · 1992
  3. Corbett v. Ohio Building AuthorityOhio Court of Appeals · 1993

3Cited by7 opinions

  1. State ex rel. Butler Township Board of Trustees v. Montgomery County Board of County CommissionersOhio Supreme Court · 2006
  2. Butler Twp. Bd. of Trustees v. Montgomery Cty. Bd., 22664 (12-12-2008)Ohio Court of Appeals · 2008
  3. State ex rel. Overholser Builders, L.L.C. v. Board of County Commissioners of Clark CountyOhio Court of Appeals · 2007
  4. MWL Ents., L.L.C. v. Mid-Miami Invest. Co.Ohio Court of Appeals · 2021
  5. Kunkel v. Board of CommissionersOhio Court of Appeals · 2008

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