Baycliffs Corp. v. Village of Marblehead

742 N.E.2d 209, 138 Ohio App. 3d 719, 2000 Ohio App. LEXIS 3465
CourtOhio Court of Appeals
DecidedAugust 4, 2000
DocketCourt of Appeals No. OT-99-054. Trial Court No. 99-CVH-053.
StatusPublished
Cited by1 cases

This text of 742 N.E.2d 209 (Baycliffs Corp. v. Village of Marblehead) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baycliffs Corp. v. Village of Marblehead, 742 N.E.2d 209, 138 Ohio App. 3d 719, 2000 Ohio App. LEXIS 3465 (Ohio Ct. App. 2000).

Opinion

Pietrykowski, Judge.

This annexation case is before us on appeal from the Ottawa County Court of Common Pleas, which denied the petition for injunction filed by appellants Baycliffs Corporation and Carl J. Zipfel. For the reasons that follow, we find that the decision of the Ottawa County Court of Common Pleas must be affirmed.

The history of this case begins in August 1998, when Harold Clagg, agent for owners of property on Johnson’s Island, filed a petition pursuant to R.C. 709.02 seeking annexation of Johnson’s Island to the Village of Marblehead, Ohio. 1 *722 Pursuant to R.C. 709.031 and 709.032, a public hearing was held on October 20, 1998 before the Ottawa County Board of Commissioners (“the commissioners”). All testimony at the hearing was given under oath, and the commissioners gave all parties the opportunity to ask questions of all of the witnesses. At the beginning of the hearing, the County Prosecutor, acting as legal counsel for the commissioners, explained that the parties would have the opportunity to submit posthearing briefs, but he admonished the parties to not include in the briefs any additional evidence or facts. If such additional evidence or facts appeared in the briefs, it would be disregarded. At the conclusion of the hearing, in response to a question, Commissioner Koebel reiterated that the briefs should contain no additional evidence. On January 14, 1999, the commissioners passed a resolution approving the annexation of Johnson’s Island and the causeway to the Village of Marblehead.

On March 26, 1999, appellants filed the instant complaint for a stay and for preliminary and permanent injunction pursuant to R.C. 709.07. The stay was granted by judgment entry filed April 5, 1999, and a hearing was held on the complaint for injunction on June 7, 1999. Prior to the June 7 hearing, the court, by judgment entry dated May 24, 1999, limited the evidence it would accept at the hearing. 2 The trial court ruled that it would limit the evidence at the hearing to the following matters:

“1. The court will receive and consider the entire record of the proceedings below, including a transcript of testimony;
“2. The court will receive evidence at this trial offered to establish the adverse effect of the annexation on the petitioners, unless the same has been stipulated by defendants, and the nature of any error in the proceedings before the Board of County Commissioners;
“3. The court will not receive new evidence (beyond the record below) as to the discretionary issues which were considered and decided by the County Commissioners, including whether the general good of the territory sought to be annexed will be served if the annexation petition is granted and whether the territory is unreasonably large. The latter issues will be reviewed and considered by the court on the basis of the record and hearing which was held before the County Commissioners on January 14,1999.”

Following the hearing, on July 19, 1999, the trial court filed a judgment entry in which it concluded that:

*723 “The condition of the evidence presented at the hearing is such that it can support the commissioners’ findings on the annexation petition. Further, Plaintiffs [appellants] have failed to establish by clear and convincing evidence that there was any error in the proceedings before the Board of Ottawa County Commissioners, or that the findings or order of the Board were unreasonable or unlawful.”

Accordingly, the trial court dismissed appellants’ complaint for injunctive relief. Appellants appeal from this judgment, setting forth the following assignments of error:

“Assignment of error No. 1:
“The trial court erred by limiting the testimony it received into evidence at its hearing on appellants’ complaint for a permanent injunction against annexation to matters relating only to the adverse affect of this annexation attempt on appellants and the nature of any error in the proceedings conducted on the petition.
“Assignment of error No. 2:
“The trial court erred by finding that there was no error in the proceedings that the commissioners conducted on the petition when appellants demonstrated that the commissioners accepted evidence after adjourning their public hearing on the petition.
“Assignment of error No. 3:
“The trial court erred by upholding the commissioners’ finding that the petition satisfied the adjacency requirement of R.C. 709.02.
“A. The use of land owned by the state of Ohio to satisfy the adjacency requirement is impermissible.
“B. The territory is not sufficiently contiguous with Marblehead.
“Assignment of error No. 4:
“The trial court erred by upholding the commissioners’ finding that the petition contained an accurate and legally sufficient ‘full description’ of the territory.
“Assignment of error No. 5:
“The trial court erred by upholding the commissioners’ finding that the petition satisfied R.C. 709.033(E) when appellants clearly and convincingly demonstrated that such finding was erroneous, unreasonable and unlawful because the general good of the territory would not be served by annexation to Marblehead.
“A. The commissioners applied an incorrect and unlawful standard of review in determining that the general good of the territory would be served by annexation to Marblehead.
*724 “B. The general good of the territory would not be served by annexing to Marblehead because annexation will prevent further development of all Johnson’s Island land that fronts on a private roadway.
“C. The record evidence does not support the commissioners’ finding that the general good of the territory would be served by annexation.
“Assignment of error No. 6:
“The trial court erred by finding that the commissioners’ decision to approve the petition was reasonable and lawful where appellants clearly and convincingly demonstrated that the territory sought to be annexed was unreasonably large[.]”

Complaints for injunctions in annexation cases are governed by R.C. 709.07. R.C. 709.07(A) sets forth the requirements for the petition. That section provides:

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Bluebook (online)
742 N.E.2d 209, 138 Ohio App. 3d 719, 2000 Ohio App. LEXIS 3465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baycliffs-corp-v-village-of-marblehead-ohioctapp-2000.