State Ex Rel. Butler Township Board of Trustees v. Montgomery County Board of Commissioners

2010 Ohio 169, 922 N.E.2d 945, 124 Ohio St. 3d 390
CourtOhio Supreme Court
DecidedJanuary 28, 2010
Docket2009-0186
StatusPublished
Cited by12 cases

This text of 2010 Ohio 169 (State Ex Rel. Butler Township Board of Trustees v. Montgomery County Board of Commissioners) 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
State Ex Rel. Butler Township Board of Trustees v. Montgomery County Board of Commissioners, 2010 Ohio 169, 922 N.E.2d 945, 124 Ohio St. 3d 390 (Ohio 2010).

Opinions

O’Donnell, J.

{¶ 1} The Butler Township Board of Trustees appeals from a decision of the Second District Court of Appeals that affirmed the trial court’s order dismissing the township’s petition for a writ of mandamus filed pursuant to R.C. 709.023(G).

{¶ 2} The two issues presented in this appeal are whether the township has standing to seek a writ of mandamus and, if it does, whether the board of county commissioners had a clear legal duty to incorporate findings on all seven conditions described in R.C. 709.023(E) into its resolution approving the annexation.

{¶ 3} After review, we conclude that a township is not a “party” as that term is used in R.C. 709.023(G) and therefore lacks standing to seek a writ of mandamus as provided in that section. Accordingly, we do not reach the issue regarding the obligation of the board of commissioners to make findings pursuant to R.C. 709.023(E).

Facts and Procedural History

{¶ 4} On October 31, 2007, Waterwheel Farms, Inc., filed a petition with the Montgomery County Board of Commissioners to annex 78.489 acres of property [391]*391it owned in Butler Township to the city of Union, pursuant to R.C. 709.023. Waterwheel, through its agent, gave the required statutory notice of the filing to Butler Township, the city of Union, and each of the adjacent property owners.

{¶ 5} On November 13, 2007, the Union City Council adopted Ordinance 1438, describing the services the city would provide to the proposed annexed property, and expressly providing that the city would maintain the portions of Jackson Road when maintenance issues arose from the annexation.

{¶ 6} On November 21, 2007, the Butler Township Board of Trustees adopted a resolution objecting to the annexation and filed it with the board of county commissioners. The township objected on two bases: first, it argued that the property fell within an area covered by a Joint Economic Development District (“JEDD”) contract existing between the township and the city of Dayton, and it contended that R.C. 715.79 places a moratorium on annexation within a JEDD; second, it argued that the annexation would create alternating jurisdictions along portions of Jackson Road, causing road-maintenance problems, and no agreement existed for the city to assume maintenance of the road.

{¶ 7} On December 7, 2007, Waterwheel filed an opposition brief in which it admitted that the property is within a JEDD, but pointed out that the three-year moratorium on annexation set forth in R.C. 715.79 applies only when the JEDD contract is approved by the township electorate, and here no contract had been submitted to the electorate for a vote. Waterwheel also argued that R.C. 709.023(E)(7) does not require an agreement between a township and a municipality for road maintenance, but rather requires only that the city agree to maintain the road as a condition of the annexation; because the Union City Council had adopted an ordinance assuming maintenance of Jackson Road, it had satisfied the conditions of the statute as a matter of law.

{¶ 8} On December 11, 2007, the board of commissioners adopted a resolution approving Waterwheel’s annexation petition. The resolution stated that six conditions set forth in R.C. 709.023(E) had been met; however, it did not address the seventh condition — the road-maintenance condition.

{¶ 9} On January 15, 2008, the township filed a complaint against Waterwheel, the city of Union, and the Montgomery County Board of Commissioners seeking a writ of mandamus to compel the board of commissioners to rescind annexation, a judgment declaring the resolution approving the annexation to be unlawful and void ab initio, and an injunction, if necessary, to prevent the city from taking any action in furtherance of the annexation. The city of Union moved to dismiss the complaint, alleging among other things that the township lacked standing to bring the action.

{¶ 10} The trial court ruled that the township lacked standing to file a claim in mandamus or for declaratory judgment because it did not fit the definition of [392]*392“party” as that term is used in R.C. 709.023. The court therefore granted the city’s motion to dismiss the complaint and denied the township’s request for injunctive relief as moot.

{¶ 11} On appeal, the Second District Court of Appeals affirmed, holding that because a township is not a party to an R.C. 709.023 annexation, it lacks standing to petition for mandamus or seek declaratory relief, rendering moot the basis upon which to seek injunctive relief.

{¶ 12} The township appealed to this court, and we agreed to hear two propositions of law: first, whether a township board of trustees that objects to a proposed annexation pursuant to R.C. 709.023(D) is a “party” as that term is used in R.C. 709.023(G) and thereby has standing to seek a writ of mandamus against the board of commissioners; and second, whether a board of county commissioners reviewing an annexation petition has a clear legal duty to make findings regarding all seven conditions set forth in R.C. 709.023(E).

{¶ 13} Butler Township contends that R.C. 709.023 recognizes a township as a party with an interest in an annexation proceeding because that statute authorizes a township to adopt a resolution supporting or objecting to the proposed annexation. Thus, it urges the court to hold that a township has standing to seek a writ of mandamus in cases where a board of county commissioners fails to follow the law in approving an annexation petition. It further contends that it should be recognized as a party with standing to seek a writ of mandamus because Waterwheel and the city of Union agree to the annexation, and thus the appellate court’s interpretation of the law leaves no party to challenge a board of county commissioners’ approval of a petition that does not meet statutory requirements.

{¶ 14} Waterwheel, the city of Union, and the Montgomery County Board of Commissioners argue that R.C. 709.023 does not recognize a township as a party. They point out that while the legislature authorized a township to file a resolution objecting to an annexation proceeding, in R.C. 709.021(D), it defined the term “party” to include a township, but it did not make that definition applicable to R.C. 709.023.

{¶ 15} Thus, this case presents the question whether a township is a party that may seek a writ of mandamus in an R.C. 709.023 special annexation proceeding. This is a matter of statutory construction.

Statutory Annexation

{¶ 16} Prior to March 27, 2002, all annexations in Ohio initiated by private-property owners followed one procedure requiring that a majority of the property owners in a territory to be annexed sign the petition to initiate annexation. See former R.C. 709.02, Am.H.B. No. 732, 137 Ohio Laws, Part II, 3313. There were [393]*393no special procedures to expedite the process, and no special procedures existed to govern situations in which all property owners desired annexation.

{¶ 17} As of March 27, 2002, the General Assembly’s amendments to R.C. Chapter 709 and enactments of, inter alia, R.C 709.021, 709.022, 709.023, and 709.024 allow for expedited annexation procedures when all the property owners within a territory to be annexed agree to the annexation and sign an annexation petition. Am.Sub.S.B. No. 5, 149 Ohio Laws, Part I, 621, 625-634. R.C. 709.021 sets forth general guidelines for the special procedures for annexation in accordance with R.C. 709.022, 709.023, and 709.024. R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 Ohio 169, 922 N.E.2d 945, 124 Ohio St. 3d 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-butler-township-board-of-trustees-v-montgomery-county-board-ohio-2010.