Mariemont, Inc. v. Schaefer

Ohio Supreme Court

Mariemont, Inc. v. Schaefer

171 Ohio St. (N.S.) 481

CourtOhio Supreme Court

DecidedFebruary 8, 1961

DocketNo. 36567

StatusPublished

This text of 171 Ohio St. (N.S.) 481 (Mariemont, Inc. v. Schaefer) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mariemont, Inc. v. Schaefer, 171 Ohio St. (N.S.) 481 (Ohio 1961).

Pincite

Opinion

Per Curiam.

The question here presented is whether the Board of County Commissioners had continuing jurisdiction to rehear and redetermine the annexation proceeding after the Court of Appeals dismissed the former injunction proceeding on November 12, 1958.

This question was answered by this court in the case of State, ex rel. Maxson, v. Board of County Commrs. of Franklin County, 167 Ohio St., 458, wherein it is stated on page 460:

“* * * the board had the statutory power and duty to determine, in the exercise of its sound discretion, whether annexation * # * should be granted and had continuing jurisdiction to reconsider its decision until the institution of court proceedings attacking such decision or until the expiration of the time allowed for the institution of such proceedings.” (Emphasis supplied.)

[483]*483The judgment of the Court of Appeals is reversed, and the judgment of the Court of Common Pleas is affirmed.

Judgment reversed.

Zimmerman, Taet, Bell, Herbert and O’Neill, JJ., concur.

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