The board shall fix, and communicate to the agent of the petitioners, the time and place for hearing the petition, which time shall be not less than forty nor more than ninety days after the petition is presented to the board pursuant to section 707.03 of the Revised Code. Thereupon the agent for the petitioners shall cause a notice containing the substance of the petition, and the time and place where it will be heard, to be published in a newspaper published in, and of general circulation in the county, for a period of three consecutive weeks.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1955–2023 · leading case: Kinzel v. Ebner, 2023 Ohio 164 (Ohio Ct. App. 2023).
Kinzel v. Ebner, 2023 Ohio 164 (Ohio Ct. App. 2023). · cites it 3דIn that case, R.C. 707.05 required that notice of the hearing was to be published “for a period of six consecutive weeks,” but the notice was posted for only 40 days, not 42.”
Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994). · cites it 2ד06 requires the county commissioners to hold a public hearing on the merits of the incorporation: “The hearing provided for in section 707.05 of the Revised Code shall be public.”
State ex rel. Hannan v. DeCourcy, 247 N.E.2d 465 (Ohio 1969). · cites it 11ד*79 The prosecuting attorney took the position before the court below that if all four municipally-proposed petitions for annexation failed at the election, the board of county commissioners would be required to return the incorporation petition to the township trustees pursuant…”
In re Petition for Incorporation of the Vill. of Holiday City, 1994 Ohio 405 (Ohio 1994). · cites it 3דR.C. 707.05 and 707.06. At the hearing, "[a]ny person interested may appear, in person or by attorney, and contest the granting" of the petition.”
State, Ex Rel. Dickerson v. Rike, 177 N.E.2d 681 (Ohio Ct. App. 1960). · cites it 2ד07, Revised Code, which provides as follows: *231 “After the hearing on a petition to incorporate, presented as required in Section 707.05 of the Revised Code, the Board of County Commissioners shall enter an order on its journal allowing the incorporation if it finds that: “…”
State Ex Rel. Loofbourrow v. Bd. of Cnty. Commissioners, 132 N.E.2d 259 (Ohio Ct. App. 1955). · cites it 2דIt is our opinion that the commissioners are not required to act under Section 3520, General Code (Section 707.05, Revised Code) upon the expiration of sixty days, but that this proceeding shall be stayed under Section 709.”
Chadwell v. Cain, 169 Ohio St. (N.S.) 425 (Ohio 1959). · cites it 6דThe pertinent portions of the sections, which are applicable so far as they define duties to be “performed by the board and other officers, ’ ’ are as follows: Section 707.05, Revised Code, reads in part:.”
Dabkowski v. Baumann, 175 Ohio St. (N.S.) 89 (Ohio 1963). · cites it 4דror, in substance, as follows: The 26 families residing in the excluded “island” should be considered “freeholders” of the area sought to be annexed, and that, therefore, the petition to annex was fatally defective by reason of insufficient signatures; that the map pretending to…”
Andrews v. Diefenbach, 175 Ohio St. (N.S.) 120 (Ohio 1963). · cites it 4דAppellants contend that the requirements of Section 707.05, Revised Code, were not complied with because (1) the notice of the July 19 hearing before the board was posted for only 40 days before that hearing instead of for a full six weeks (i.”
In Re Incorporation of Vill. of Holiday City, 666 N.E.2d 327 (Ohio Ct. App. 1995). · cites it 2ד“(B) Notice has been published as is required by section 707.05 of the Revised Code. “(C) The number of valid signatures on the petition constituted fifty-one per cent of the electors within the territory proposed to be incorporated, as determined by the total number of votes…”
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