At the next regular session of the legislative authority of the municipal corporation to which annexation is proposed, after the expiration of sixty days from the date of the delivery required by division (C) of section 709.022 or division (C)(1) of section 709.033 of the Revised Code, the auditor or clerk of that municipal corporation shall lay the resolution of the board granting the petition and the accompanying map or plat and petition before the legislative authority. The legislative authority, by resolution or ordinance, then shall accept or reject the petition for annexation. If the legislative authority fails to pass an ordinance or resolution accepting the petition for annexation within a period of one hundred twenty days after those documents are laid before it by the auditor or clerk, the petition for annexation shall be considered rejected by the legislative authority.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1958–2023 · leading case: State ex rel. Laughlin v. James, 874 N.E.2d 1145 (Ohio 2007).
State ex rel. Laughlin v. James, 874 N.E.2d 1145 (Ohio 2007). · cites it 5דSee R.C. 709.04. {¶ 4} Before circulating her petition against Ordinance No.”
Taylor v. City of London, 723 N.E.2d 1089 (Ohio 2000). · cites it 3דR.C. 709.04. The legislative authority then accepts or rejects the application for annexation by resolution or ordinance.”
Taylor v. London, 2000 Ohio 278 (Ohio 2000). · cites it 3דR.C. 709.04. The legislative authority then accepts or rejects the application for annexation by resolution or ordinance.”
Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992). “*591 R.C. 709.04. At this point any interested person or person who appeared at the public hearing 3 may file with the court of common pleas a petition seeking an injunction against the annexation.”
United States v. James H. McGee, 714 F.2d 607 (6th Cir. 1983). “01 applied to the present annexation process: The law of Ohio is clear that the annexation is not completed until an annexation ordinance has been passed and published as required by Ohio Rev.Code § 709.04. Bach v. Goff, 24 CC(NS) 561; State Ex Rel South Brooklyn, v.”
City of Cleveland v. City of Fairview Park, 545 N.E.2d 1287 (Ohio Ct. App. 1988). “Since this order was not in effect, the application for annexation was not properly placed before the Fairview Park City Council under R.C. 709.04. Therefore, that city’s attempt to accept the annexation in violation of our stay is void.”
Miami Twp. Bd. of Trs. v. Caton, 556 N.E.2d 1140 (Ohio 1990). “09); (vi) acceptance of the annexation by the municipal legislative authority (R.C. 709.04) or rejection thereof by such legislative authority (R.”
Bd. of Trs. v. City of Centerville, 602 N.E.2d 1136 (Ohio 1992). “033), who in turn must hold the papers for sixty days before presenting them to city council to either approve or disapprove of the annexation (see R.C. 709.04). The annexation is not complete until the city has acted.”
State ex rel. Young v. Ducro, 2020 Ohio 5471 (Ohio Ct. App. 2020). · cites it 2דR.C. 709.04; see also R.C. 709.021(C) (providing, inter alia, that R.”
State ex rel. Hannan v. DeCourcy, 247 N.E.2d 465 (Ohio 1969). · cites it 2דPresent Section 709.04, Revised Code (effective December 1, 1967).”
State Ex Rel. Valve Casting Co. v. Johnston, 396 N.E.2d 240 (Ohio Ct. App. 1978). · cites it 2דIn that case the Ohio Supreme Court, in a per curiam opinion, stated at 460: “In the instant case, the board had the statutory power and duty to determine, in the exercise of its sound discretion, whether annexation to Grandview Heights should be granted and had continuing…”
Deserisy v. De Courcy, 242 N.E.2d 670 (Ohio Ct. App. 1968). · cites it 2דIn Section 709.04, the Legislature has said that: “ * * * If the legislative authority fails to pass an ordinance or resolution accepting the application for annexation within a period of one hundred twenty days after the transcript is laid before it by the auditor or clerk, the…”
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