State ex rel. Natl. Lime & Stone Co. v. Marion Cty. Bd. of Commrs. (Slip Opinion)

*393{¶ 1} The primary issue in this case is whether a railroad that holds land within a territory proposed for annexation is an "owner" as defined in R.C. 709.02 such that it must consent to the annexation or whether its property interest falls within an exception in that definition for "railroad, utility, street, and highway rights-of-way held in fee, by easement, or by dedication and acceptance." The answer to that question turns on whether the railroad's property interest is a railroad right-of-way held in fee.

{¶ 2} The court of appeals dismissed a complaint for a writ of mandamus filed by…