Legal Opinion

State ex rel. Butler Township Board of Trustees v. Montgomery County Board of County Commissioners

Ohio Supreme Court

Decided December 13, 2006No. 2005-1685PublishedCited by 15 opinions

1Opinion of the CourtAlice Robie Resnicic, J.

{¶ 1} This appeal requires us to construe R.C. 709.02(E)’s definition of “owners” in determining the number of owners needed to sign an annexation petition. Specifically, we must determine whether landholders who own the property over which a roadway easement exists are “owners” of the roadway property pursuant to the statute when others seek annexation of the roadway to a municipality. For the reasons that follow, we affirm the judgment of the court of appeals and hold that the landholders of the property at issue in this case are “owners” as defined in R.C. 709.02(E).

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2Cases cited3 opinions

  1. City of Middletown v. McGeeOhio Supreme Court · 1988
  2. Cincinnati Milacron, Inc. v. DoughmanOhio Supreme Court · 1992
  3. State Ex Rel. Butler Township Board of Trustees v. Montgomery County Board of County CommissionersOhio Court of Appeals · 2005

3Cited by15 opinions

  1. State ex rel. Natl. Lime & Stone Co. v. Marion Cty. Bd. of Commrs. (Slip Opinion)Ohio Supreme Court · 2017
  2. Butler Twp. Bd. of Trustees v. Montgomery Cty. Bd., 22664 (12-12-2008)Ohio Court of Appeals · 2008
  3. State ex rel. Xenia v. Greene Cty. Bd. of Commrs. (Slip Opinion)Ohio Supreme Court · 2020
  4. Sugarcreek Township v. City of CentervilleOhio Court of Appeals · 2009
  5. Doering v. CITY OF RONCEVERTEWest Virginia Supreme Court · 2011

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