Miami Township Board of Trustees v. Caton

556 N.E.2d 1140, 52 Ohio St. 3d 124, 1990 Ohio LEXIS 268
CourtOhio Supreme Court
DecidedJune 27, 1990
DocketNo. 89-848
StatusPublished
Cited by24 cases

This text of 556 N.E.2d 1140 (Miami Township Board of Trustees v. Caton) 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
Miami Township Board of Trustees v. Caton, 556 N.E.2d 1140, 52 Ohio St. 3d 124, 1990 Ohio LEXIS 268 (Ohio 1990).

Opinion

Holmes, J.

The Board of Township Trustees of Miami Township, as well as the amid township associations basically argue in this appeal that the methods of annexing territory to a municipality, (1) by the petition of landowners pursuant to R.C. 709.02 through 709.12, and (2) by the petition of a city pursuant to R.C. 709.13 through 709.21, are mutually exclusive, and that, accordingly, a municipality may not assist landowners in the processing of any such landowners’ petition and expend municipal funds therefor.2 We disagree.

In reviewing the language within these statutes we find nothing that could be reasonably construed as providing for mutually exclusive methods of annexation. Nothing within R.C. 709.02 through 709.21 expressly provides that municipalities may not engage in the cooperative and mutually beneficial annexation activities complained of by the appellant. Supportive of the contrary position, R.C. 709.13 provides that a municipal corporation may enlarge its limits pursuant to R.C. 709.14 through 709.21. This means that if a city desires to initiate the annexation that it may proceed through the annexation process as set forth within these latter sections. This does not state or mean that the city is thereby prohibited from assisting or participating with landowners in the landowners’ process for annexation.

The desires of property owners relative to their lands is one of the basic underlying considerations of the Ohio General Assembly in enacting annexation laws. As stated by the majority of this court in Middletown v. McGee (1988), 39 Ohio St. 3d 284, 286, 530 N.E. 2d 902, 904, a case involving an annexation by the city: “In enacting the statutes governing annexation, one of the intentions of the legislature was ‘to give an owner of property freedom of choice as to the governmental subdivision in which he desires his property to be located.’ ” The choice for expression of landowners provided by R.C. 709.17, when a city petitions for annexation of land, is a vote by the electors of the unincorporated area of the township, a majority of whom must approve such proposed annexation.

Landowner approval of a petition [128]*128for annexation pursuant to R.C. 709.02 through 709.12 must also be obtained. R.C. 709.033 requires that the board of county commissioners must find that the number of valid signatures upon the petition for annexation constitutes a majority of the owners of real estate in the territory proposed to be annexed. Here, the board of county commissioners so. found. Further, the record shows that there were no property owners within the territory annexed who came forward and objected to such annexation.

There are two avenues by which ultimate annexation may be accomplished. One is utilized where the city desires to annex certain township territory, and no landowners in such territory have come forth to initiate such annexation. The other avenue is the one involved here, where the landowners themselves desire the annexation, as does the city, and the landowners voluntarily initiate the petitions to obtain the annexation of their township property to the city. In the words of Judge John McCormac in In re Petition for Annexation of 162.631 Acres (1988), 52 Ohio App. 3d 8, 11, 556 N.E. 2d 200, 204: “The primary difference in the two petition methods is who signs the petition rather than that there may not be an interest or involvement in the procedure initiated by those who do not formally commence the proceeding. Hence, even if the procedures are mutually exclusive, it does not follow that the municipality which has an interest in its boundaries may not be involved in assisting landowners with their petition.”

We conclude that the General Assembly did not prescribe mutually exclusive means of annexation, but that it simply sought to assure that a municipality involved either seek the approval of the annexation petition filed by a majority of those landowners in the territory to be annexed, or proceed to file an annexation petition on its own and provide for the mandated election in the township as set forth in the statute.

Relative to the issue of whether a municipality may be cooperatively involved in a property owner’s annexation process pursuant to R.C. 709.02 through 709.12, we must state at the outset that there are no provisions in Ohio’s annexation statute which restrict or limit a municipal corporation from using its efforts or expending its funds to effect such annexation. In fact, as pointed out by the amicus curiae Ohio Municipal League in its brief herein, a municipal corporation is intricately involved in an annexation process initiated by a landowners’ petition.3

However, we recognize that the [129]*129assistance offered here by the city to the landowners in the annexation process was not that specifically provided for by statute, i.e., the provision of legal counsel to draft the annexation petition, the hiring of an engineering firm to prepare the property map of the area to be annexed, as well as the giving of other city staff assistance. Moraine and amicus Ohio Municipal League argue that these types of expenditures of municipal funds supportive of the annexation of property to enlarge the municipality should be approved on the basis that such expenditures are an appropriate exercise of the power of local self-government, as granted to cities by Section 3, Article XVIII of the Ohio Constitution, for a proper municipal public purpose pertaining to the internal affairs of a city, in this instance, the city of Moraine.

The Attorney General of Ohio has issued a number of opinions to municipalities, concluding that municipal funds could not be spent in the furtherance of landowner-initiated annexation procedures under R.C. 709.02 through 709.12. See 1985 Ohio Atty. Gen. Ops. 85-034, at 2-119, and 1986 Ohio Atty. Gen. Ops. 86-008, at 2-33. The Attorney General set forth as the bases for such opinions that the General Assembly provides for the process of annexation in Ohio, that the two methods of annexation considered here were mutually exclusive, and that a municipality pursuant to its home rule power does not have the authority to employ counsel or offer the services of municipal employees to assist township residents in annexation proceedings.

We are in agreement with the Attorney General that laws relating to annexation are exclusively within the control of the General Assembly and not local governments. Accordingly, we held in Beachwood v. Bd. of Elections (1958), 167 Ohio St. 369, 371-372, 5 O.O. 2d 6, 8, 148 N.E. 2d 921, 923, that the detachment of territory from a municipality is a matter which requires the establishment of a uniform procedure throughout the state, and as such, is within the exclusive control of the General Assembly. In this regard, laws enacted by the General Assembly which establish procedures for annexation of property to municipalities throughout Ohio are general laws, and the activities by way of charter, ordinance, or otherwise, of municipalities may not be in conflict therewith. This must be so even though Moraine and amicus Ohio Municipal League argue that such actions are taken pursuant to constitutional self-government authority on behalf of the general welfare of the citizens of Moraine.

As stated previously, however, there is no specific provision to be found within R.C. Chapter 709 prohibiting cities from assisting property owners in the township from processing their petition for annexation.

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Cite This Page — Counsel Stack

Bluebook (online)
556 N.E.2d 1140, 52 Ohio St. 3d 124, 1990 Ohio LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-township-board-of-trustees-v-caton-ohio-1990.