Salem v. Columbiana Cty. Bd. of Cmmrs.

Summary

The Seventh District Court of Appeals of Ohio affirmed the denial of a petition to annex property in Perry Township into the City of Salem. The court held that township ownership of the intervening northern portion of Beechwood Road prevented the property from being contiguous to Salem under Ohio annexation law. The court also upheld findings that annexation would not serve the general good and would create potential road-maintenance and jurisdictional issues.

Holdings

1. The Butcher property was not contiguous to Salem because the northern portion of Beechwood Road, owned by Perry Township, lay between the property and Salem, and the township had not agreed to annex that roadway. A road may be annexed with adjoining property when the same owner owns both, but a road owned by another municipality or person cannot be used to establish contiguity over that owner's objection.
2. The Board did not abuse its discretion in finding that the general good of the territory would not be served and that the benefits of annexation would not outweigh the detriments under R.C. 709.033(A)(5).
3. The court did not need to decide whether Salem's maintenance ordinance satisfied R.C. 709.033(A)(6), because the lack of contiguity independently barred annexation. The court nevertheless concluded that the proposed annexation would create significant road-maintenance and jurisdictional problems.

Questions Presented

1. Whether the Butcher property satisfied Ohio's statutory contiguity requirement for annexation when the Perry Township-owned northern portion of Beechwood Road lay between the property and Salem and Perry Township objected to annexation of the road.
2. Whether the Board abused its discretion in finding that the general good of the territory would not be served and that the benefits of annexation would not outweigh the detriments under R.C. 709.033(A)(5).
3. Whether the proposed annexation would create a road-maintenance problem under R.C. 709.033(A)(6).

Disposition

affirmed