(A) The agent for the petitioners, any owner of real estate in the territory proposed for annexation, any township in which territory proposed for annexation is located, and the municipal corporation to which the territory is proposed to be annexed may file an appeal under Chapter 2506. of the Revised Code from a resolution of the board of county commissioners granting or denying the petition. The agent for the petitioners, any township in which the territory proposed for annexation is located, and any municipal corporation to which the territory is proposed to be annexed are necessary parties in an appeal. The filing of a notice of appeal with the clerk of the board of county commissioners shall operate as a stay of execution upon that clerk and all parties to the appeal, which stay shall not be lifted until the court having jurisdiction over the proceedings enters a final order affirming or reversing the decision of the board of county commissioners and the time limits for an appeal of that final order have passed without a notice of appeal being filed.
(B) Any party filing an appeal from the court of common pleas or court of appeals decision in an annexation matter shall serve on the clerk of the board of county commissioners a time-stamped copy of the notice of appeal. Upon issuance of a final order of any court regarding an annexation appeal, the clerk of the court shall forward a certified copy of the court's order to the clerk of the board of county commissioners that rendered the annexation decision that was appealed.
(C) If, after all appeals have been exhausted, the final determination of the court is that the petition for annexation should be granted, the board of county commissioners shall enter on its journal a resolution granting the annexation, if such a resolution has not already been journalized, and the clerk of the board shall deliver a certified copy of that journal entry and of the entire record of the annexation proceedings, including all resolutions of the board, signed by a majority of the members of the board, the petition, map, and all other papers on file, the transcript of the proceedings, and exhibits presented at the hearing relating to the annexation proceedings, to the auditor or clerk of the municipal corporation to which annexation is proposed. The municipal auditor or clerk shall lay these certified papers, along with the copy of the court's order, before the legislative authority at its next regular meeting. The legislative authority then shall proceed to accept or reject the petition for annexation as provided under section 709.04 of the Revised Code.
(D) If, after all appeals have been exhausted, the final determination of the court is that the petition for annexation should be denied, the board of county commissioners shall enter on its journal a resolution denying the annexation, if such a resolution has not already been journalized.
Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992). · cites it 23דAnother issue before the court is whether a reviewing court pursuant to R.C. 709.07 may “sever” or “excise” territory from an approved annexation petition.”
West v. Bode (Slip Opinion), 2020 Ohio 5473 (Ohio 2020). · cites it 6ד01 and former R.C. 709.07, Am.S.B. No. 151, 138 Ohio Laws, Part I, 409, 410.”
Bd. of Trs. of Perry Twp. v. Cicchinelli, 520 N.E.2d 235 (Ohio Ct. App. 1986). · cites it 34דI “The Stark County Common Pleas Court erred in granting an R.C. 709.07 injunction based on a finding that the wrong statutory provisions were applied, specifically that the annexation petition should [not] have been filed under R.”
City of Middletown v. McGee, 530 N.E.2d 902 (Ohio 1988). · cites it 6דThe issue presented for review in this appeal is whether appellants have proven, by clear and convincing evidence, that they are entitled to an injunction under R.C. 709.07. For the reasons discussed infra, we reverse the judgment of the court of appeals and remand the cause to…”
In re Appeal of Bass Lake Cmty., Inc., 449 N.E.2d 771 (Ohio 1983). · cites it 14דBecause this court concludes that R.C. 709.07, establishing an injunction proceeding when the decision to annex is affirmative, provides the township trustees with their sole remedy, the appellants lack the requisite standing necessary to contest appellees’ annexation appeal.”
Bd. of Trs. v. City of Centerville, 602 N.E.2d 1136 (Ohio 1992). · cites it 18דHowever, township trustees may challenge a board of county commissioners’ allowance of a landowners’ petition for annexation only through an R.C. 709.07 injunction action.” (Emphasis added.”
Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994). · cites it 10ד01 to participate in an appeal from a decision of a board of county commissioners denying an annexation petition, but that the trustees do have standing to pursue an R.C. 709.07 injunction proceeding where a petition for annexation has been granted.”
Bd. of Trs. v. Lewis, 597 N.E.2d 460 (Ohio 1992). · cites it 12דR.C. 709.07 Injunction We decided in In re Petition to Annex 320 Acres to the Village of S.”
Joreski v. Teeple, 577 N.E.2d 419 (Ohio Ct. App. 1989). · cites it 14דThe Weber court determined that the term “interested persons” *715 in R.C. 709.07 referred only to owners of the real estate sought to be annexed, and therefore did not grant township trustees standing to seek an injunction.”
Watson v. Doolittle, 226 N.E.2d 771 (Ohio Ct. App. 1967). · cites it 6דUnder the provisions of Section 709.07, Revised Code, the plaintiffs-appellants, jointly with several other parties, filed this cause in the Common Pleas Court of Williams County, praying that an injunction issue to restrain the defendant-appellee, Clerk of the village of…”
State ex rel. Bd. of Trs. v. Davis, 443 N.E.2d 166 (Ohio 1982). · cites it 5דRelators argue the court of appeals construed R.C. 709.07 as the sole avenue by which to preserve their appeal from the court of common pleas and that this construction denies relators a meaningful and effective appeal to which they are entitled.”
Felton v. Felton, 679 N.E.2d 672 (Ohio 1997). “, R.C. 709.07(D) (petition to enjoin annexation); 1533.”
City of Middletown v. McGee, 530 N.E.2d 902 (Ohio 1988). “The issue presented for review in this appeal is whether appellants have proven, by clear and convincing evidence, that they are entitled to an injunction under R.C. 709.07. For the reasons discussed infra, we reverse the judgment of the court of appeals and remand the cause to…”
West v. Bode (Slip Opinion), 2020 Ohio 5473 (Ohio 2020). “01 and former R.C. 709.07, Am.S.B. No. 151, 138 Ohio Laws, Part I, 409, 410.”
Bd. of Trs. of Perry Twp. v. Cicchinelli, 520 N.E.2d 235 (Ohio Ct. App. 1986). “I “The Stark County Common Pleas Court erred in granting an R.C. 709.07 injunction based on a finding that the wrong statutory provisions were applied, specifically that the annexation petition should [not] have been filed under R.”
— Ohio Rev. Code § 709.07(A)(1) — 1 case
Bd. of Trs. of Perry Twp. v. Cicchinelli, 520 N.E.2d 235 (Ohio Ct. App. 1986). “I “The Stark County Common Pleas Court erred in granting an R.C. 709.07 injunction based on a finding that the wrong statutory provisions were applied, specifically that the annexation petition should [not] have been filed under R.”
City of Middletown v. McGee, 530 N.E.2d 902 (Ohio 1988). “The issue presented for review in this appeal is whether appellants have proven, by clear and convincing evidence, that they are entitled to an injunction under R.C. 709.07. For the reasons discussed infra, we reverse the judgment of the court of appeals and remand the cause to…”
West v. Bode (Slip Opinion), 2020 Ohio 5473 (Ohio 2020). “01 and former R.C. 709.07, Am.S.B. No. 151, 138 Ohio Laws, Part I, 409, 410.”
Felton v. Felton, 679 N.E.2d 672 (Ohio 1997). “, R.C. 709.07(D) (petition to enjoin annexation); 1533.”
Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992). “Another issue before the court is whether a reviewing court pursuant to R.C. 709.07 may “sever” or “excise” territory from an approved annexation petition.”
Bd. of Trs. v. City of Centerville, 602 N.E.2d 1136 (Ohio 1992). “However, township trustees may challenge a board of county commissioners’ allowance of a landowners’ petition for annexation only through an R.C. 709.07 injunction action.” (Emphasis added.”
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