In Re Annexation of 1,544.61 Acres

470 N.E.2d 486, 14 Ohio App. 3d 231, 14 Ohio B. 259, 1984 Ohio App. LEXIS 11558
CourtOhio Court of Appeals
DecidedApril 11, 1984
Docket11198
StatusPublished
Cited by45 cases

This text of 470 N.E.2d 486 (In Re Annexation of 1,544.61 Acres) 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
In Re Annexation of 1,544.61 Acres, 470 N.E.2d 486, 14 Ohio App. 3d 231, 14 Ohio B. 259, 1984 Ohio App. LEXIS 11558 (Ohio Ct. App. 1984).

Opinion

Baird, J.

This case concerns the proposed annexation to the city of Akron of 1,544.61 acres of land presently located in Northampton Township, Summit County, Ohio. The public hearing required by R.C. 709.031 et seq. was held before the Summit County Council, which subsequently denied the annexa *232 tion petition. The property-owner petitioners then filed an R.C. Chapter 2506 appeal in the common pleas court.

Thereafter, the Northampton Township Trustees, the County Executive and the Woodridge Board of Education all attempted to intervene as parties to the pending litigation, which intervention was denied by the common pleas court. Only the trustees appealed that decision, which was affirmed by this court. In re Annexation of l,544.61 Acres of Land (May 19, 1982), Summit App. Ño. 10433, unreported. Subsequent to that ruling of this court, another motion for intervention was filed by the trustees, and sustained by the common pleas court, apparently on the authority of the later decision in State, ex rel. Bd. of Trustees, v. Davis (1982), 2 Ohio St. 3d 108. At that point, the common pleas court specified the parties to the pending litigation to be the property owners and the Northampton Township Trustees.

The denial of the annexation was ultimately affirmed by the common pleas court and the present appeal from that judgment has been perfected by the property owners. The Northampton Township Trustees are the appellees.

The annexation petition was signed by the owners of three single-family residences, The Musical Arts Association, and Kent State University Foundation. The latter two owners operate, respectively, Blossom Music Center and the adjacent Porthouse Theater. The land is located in Northampton Township, which lies generally to the north of the city of Akron; it extends from the present southern boundary to the present northern boundary of the township, while leaving unaffected township territory both to the east and to the west thereof. The land was characterized in appellants’ brief as being approximately two miles in width by two miles in length. All of the land in question lies within the Cuyahoga Valley National Recreation Area. Some of the land in question has been acquired by the federal government, as a part of the Cuyahoga Valley National Park, and some parcels have been leased back to the former owners, who continue to make their homes on such land. Several such persons objected to the annexation, as did the Woodridge Board of Education, record owner of a parcel, title to which may or may not have reverted back to a former owner. The federal government took no position with respect to the annexation.

Assignment of Error 1

“The lower court erred by finding the Blossom annexation petition was ‘unreasonably large.’ ”

In discharging the duties prescribed by the annexation statutes for the board of county commissioners, the Summit County Council was governed by the provisions of R.C. 709.033, which provides, in part, as follows:

“After the hearing on a petition to annex, the board of county commissioners shall enter an order upon its journal allowing the annexation if it finds that:

il* * *

“(D) The territory included in the annexation petition is not unreasonably large; * * *”

In this case, the county council adopted Resolution No. 81-321, which concluded that the territory is unreasonably large and denied the annexation. In affirming denial of the annexation, the common pleas court held that the finding that the territory is unreasonably large was not illegal, arbitrary, capricious or unreasonable, and that it was based upon a preponderance of substantial, reliable and probative evidence. The propriety of that determination is the principal issue presently before this court.

This court has previously presented the framework for judging whether a *233 territory is unreasonably large for annexation purposes.

“Any issue of ‘reasonableness’ necessitates a comparison, a weighing of pros and cons. Therefore, the determination of [what is] unreasonably large requires a three-pronged analysis * * *:

“(1) the geographic character, shape and size (acreage) of the territory to be annexed in relation to the territory to which it will be annexed (the city), and in relation to the territory remaining after the annexation is completed (the remaining Township area); * * *

“(2) the ability of the annexing city to provide the necessary municipal services to the added territory. (Geographic as well as financial ‘largeness’ may be considered. * * *)

“(3) the effect on remaining township territory if annexation is permitted. If the territory sought to be annexed is so great a portion of the township’s tax base that the annexation would render the remaining township incapable of supporting itself, then the Board might reasonably conclude the proposed annexation is unreasonably large, although such annexation would benefit the territory sought to be annexed.” Herrick v. Bd. of County Commrs. (Jan. 23, 1980), Summit App. No. 9425, unreported, at 6.

Of the three factors mentioned in the Herrick case, the common pleas court correctly determined that the first factor is of prime importance as relates to this case. Its review of the geographic character, shape and size of the territory in relation to both the annexing city and the township noted that, not only does the territory encompass over one thousand five hundred acres, but also it comprises eleven percent of the territory of the township. (We note also that annexation proponents presented evidence that the figure is 12.7 percent.) The court noted that the shape of the territory would not only create “islands” of township territory, but would literally split the township into two parts. The court also referred to that part of the Sowa affidavit, presented by annexation proponents, which indicates that the territory contains only four houses, housing only eight residents; and the court noted that the undeveloped state of the territory provided a certain unique character not often found in land within close proximity to major urban areas. Accordingly, the common pleas court found sufficient evidence to support findings of the Summit County Council that the territory is unreasonably large.

The standard of review provided by R.C. 2506.04 is that the common pleas court must weigh the evidence before it to determine whether there exists a preponderance of reliable, probative and substantial evidence to support the decision made by the agency from which the appeal is taken. Dudukovich v. Housing Authority (1979), 58 Ohio St. 2d 202 [12 O.O.3d 198]. While the inquiry is essentially a legal question as to the presence or absence of the necessary quantum of evidence, it is a hybrid form of review; it inevitably involves a consideration of the evidence, in the sense of weighing of the relative evidentiary value of the testimony and exhibits, and in the sense of considering whether the administrative determination rests upon inferences improperly drawn from the evidence. Thus, to a limited extent, a substitution of judgment by the reviewing common pleas court is permissible. Univ.

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Cite This Page — Counsel Stack

Bluebook (online)
470 N.E.2d 486, 14 Ohio App. 3d 231, 14 Ohio B. 259, 1984 Ohio App. LEXIS 11558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-annexation-of-154461-acres-ohioctapp-1984.