Any owner of property to be assessed or taxed for an improvement under sections 6117.01 to 6117.45 or sections 6103.01 to 6103.30 of the Revised Code, may appeal to the probate court from the action of the board of county commissioners in determining to proceed with the improvement in regard to any of the following matters:
(A) The necessity of the improvement, including the question whether the cost of the improvement will exceed the benefits resulting therefrom;
(B) Boundaries of the assessment district;
(C) The tentative apportionment of the assessment.
Such appeal shall be effected within ten days after the passage of the resolution to proceed with the improvement. No appeal shall be allowed from said decision of the board except as to the tentative apportionment of the assessment if the owners of land tentatively assessed for at least eighty-five per cent of the cost of said improvement under sections 6117.01 to 6117.45, or sections 6103.01 to 6103.30 of the Revised Code, have consented in writing to the action of the board in determining to proceed with said improvement. If such an appeal to the probate court has been perfected by any property owner prior to procuring such consent in writing of the owners of land tentatively assessed for at least eighty-five per cent of the cost of said improvement, the probate court before whom such appeal is pending, on the motion of the board or any owner of land assessed for said improvements, shall dismiss so much of said appeal as refers to the necessity of the improvement or the boundaries of said district upon the introduction of satisfactory proof of such written consent of the owners of land tentatively assessed for at least eighty-five per cent of the cost of the improvement as provided for in this section. Such property owner may also appeal from the decision of the board in refusing to grant the prayer of any petition for improvements under sections 6117.01 to 6117.40 of the Revised Code. If the director of environmental protection has made an order declaring that any improvement is necessary for the public health and welfare as provided in section 6117.34 or 6103.17 of the Revised Code, no property owner shall have the right to appeal from the action of the board declaring such improvement necessary.
Bacak v. Ventling, 2016-Ohio-4737. “Under R.C. 6117.09, a property owner can also appeal to the Probate Court.”
Ottawa Cnty. Bd. of Commissioners v. Seckler, 702 N.E.2d 495 (Ohio Ct. App. 6th Dist. 1997). · cites it 3ד” After the passage of the improvement resolution, the county commissioners are precluded from taking any further action in cases where the property owners effect a timely appeal, as provided in R.C. 6117.09 to 6117.24, inclusive. R.C. 6103.”
Concerned Businessmen v. Ottawa Cnty. Bd. of Commissioners, 685 N.E.2d 783 (Ohio Ct. App. 6th Dist. 1996). · cites it 2דIf unsatisfied, a property owner may appeal the board’s adoption of the resolution imposing assessments for water supply systems or sewers as provided for in R.C. 6117.09, which reads as follows: “Any owner of property to be assessed or taxed for an improvement under sections…”
Bollenbacher v. Wayne Cty. Bd. of Commrs., 2012-Ohio-4198. · cites it 5ד{¶9} An affected property owner may appeal from an improvement resolution pursuant to R.C. 6117.09, which in part provides, Any owner of property to be assessed or taxed for an improvement under sections 6117.”
Caddell v. Columbiana Cnty. Bd. of Commissioners, 677 N.E.2d 824 (Ohio Ct. App. 7th Dist. 1996). · cites it 2דFinally, R.C. 6117.09 provides for appeal to the probate court by any owner of property to be assessed.”
DiCillo v. Geauga Cty. Bd. of Commrs., 2022-Ohio-333. · cites it 16ד34 is limited by R.C. 6117.09: Any owner of property to be assessed or taxed for an improvement under sections 6117.”
Graham v. Day, 230 N.E.2d 453 (Ohio Ct. App. 8th Dist. 1967). “These actions were originally appealed to the Probate Court by the property owners under favor of Sections 6117.09 and 6117.10, Revised Code, from a decision of the Board of County Commissioners of Cuyahoga County in determining to proceed with the County Sewer District…”
Barhorst v. Thatcher, 144 N.E.2d 272 (Ohio Ct. App. 1956). “6602-3B, GC, now §6117.09 R. C. Plaintiff had two other possible remedies, a suit on the equity side of the court or at law, §12075 GC, now §2723.”
Malamisura v. Wagner, 133 N.E.2d 192 (Ohio Ct. App. 1954). · cites it 2ד, provides:— “Any person, firm, or corporation desiring to appeal to the probate court as provided in §6117.09 R. C., when the improvement is located in two or more counties, may appeal to the probate court of the county in which property of such appellant to be assessed for…”
DiCillo v. Geauga Cty. Bd. of Commrs., 2022-Ohio-333. “34 is limited by R.C. 6117.09: Any owner of property to be assessed or taxed for an improvement under sections 6117.”
DiCillo v. Geauga Cty. Bd. of Commrs., 2022-Ohio-333. “34 is limited by R.C. 6117.09: Any owner of property to be assessed or taxed for an improvement under sections 6117.”
Ohio Rev. Code § 6117.09(C): 3 cases
Bollenbacher v. Wayne Cty. Bd. of Commrs., 2012-Ohio-4198. “{¶9} An affected property owner may appeal from an improvement resolution pursuant to R.C. 6117.09, which in part provides, Any owner of property to be assessed or taxed for an improvement under sections 6117.”
DiCillo v. Geauga Cty. Bd. of Commrs., 2022-Ohio-333. “34 is limited by R.C. 6117.09: Any owner of property to be assessed or taxed for an improvement under sections 6117.”
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