State ex rel. City of Painesville v. Lake County Board of Commissioners

757 N.E.2d 347, 93 Ohio St. 3d 566
CourtOhio Supreme Court
DecidedNovember 14, 2001
DocketNo. 01-400
StatusPublished
Cited by20 cases

This text of 757 N.E.2d 347 (State ex rel. City of Painesville v. Lake 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. City of Painesville v. Lake County Board of Commissioners, 757 N.E.2d 347, 93 Ohio St. 3d 566 (Ohio 2001).

Opinion

Per Curiam.

In 1998, Mark Moore owned approximately seventeen acres of land in Painesville Township, Lake County, Ohio (“township”). Moore filed a petition under R.C. 709.02 with appellant, Lake County Board of Commissioners (“board”) for the annexation of his property from Painesville Township to appellee, the city of Painesville (“city”). Moore sought the annexation to use the [567]*567city’s sewer system for a planned residential development. The board denied Moore’s petition, and on October 13, 1998, the Lake County Court of Common Pleas affirmed the board’s decision on appeal.

Shortly thereafter, on October 26,1998, the city passed a resolution authorizing its city manager to enter into a contract to purchase Moore’s property for $10 “and other valuable considerations.” The city then entered into an “interim development agreement” with Moore conveying title to the property to the city by limited warranty deed. One of the purposes specified in the agreement was cooperation between Moore and the city to “assist in successfully achieving annexation of the Property and to achieve the economic benefits associated with annexation to the City.”

On December 4, 1998, the city submitted a petition to the board under R.C. 709.16(B) for annexation of the property it claimed to have acquired from Moore. Pursuant to R.C. 709.031, the board referred the petition to Lake County Engineer Thomas P. Gilíes for his review. In his review, Gilíes checked tax records, auditor’s records, and the deed for the property. Gilíes found an error in the acreage stated in the petition, which described a 22.498-acre parcel rather than an approximately seventeen-acre parcel. Gilíes found other minor errors, but also determined that “[a] review of the Tax Records indicates that the petitioner, The City of Painesville, is the sole owner of the property and the property is contiguous to The City of Painesville.”

On January 22, 1999, the city sent the board a revised petition for annexation of the property that specified 17.027 acres as the subject property and addressed the engineer’s concerns. As with its first petition, the city represented that the property to be annexed is contiguous to the city, owned by the city, and located entirely within the same county as the city. By letter dated February 1, 1999, Gilíes informed the board that the revised petition was accurate and reiterated his previous conclusion that based on tax records, the city is the sole owner of the' property.

At the request of the board, its attorney, Richard Collins, Jr., prepared a legal memorandum dated January 18, 1999, which addressed the issue of whether the city owned the property sought to be annexed. In preparing the memorandum, Collins obtained a copy of the interim development agreement between Moore and the city regarding the property. •

Although Collins did not, in his memorandum, direct the board to vote any specific way, he noted that under the interim development agreement (1) Moore remained liable for the existing mortgage of $250,000, (2) Moore and the city were equally responsible for the'payment of real estate taxes, assessments, and liability insurance affecting the land, (3) Moore remained solely responsible for maintaining the land, and (4) Moore retained the right, upon reasonable notice, to [568]*568enter the land. In addition, Collins observed that the agreement granted Moore the right to have the property transferred back to him if annexation was ultimately either approved or denied. Neither Collins’s memorandum nor the interim development agreement is contained in the board’s file concerning the city’s annexation petitions for the subject property.

Collins eventually advised the board through discussions with the individual commissioners that based on his legal research, the city is not the legal owner of the subject property.

At its March 9, 1999 public meeting, the board adopted a resolution denying the city’s requested annexation. The board reasoned that “the City of Painesville is not an ‘owner’ of the property as defined by law.” The board based its decision at least in part on Collins’s legal advice.

In April 1999, the city filed a complaint in the Court of Appeals for Lake County for a writ of mandamus to compel the board to approve the city’s revised petition for annexation. The court of appeals referred the matter to a magistrate, as provided in LocApp.R. 18, and the magistrate held an evidentiary hearing.

On January 8, 2001, the magistrate concluded that since the board had merely acted in a ministerial rather than a quasi-judicial fashion in ruling upon a municipality’s annexation petition under R.C. 709.16(B), the board lacked authority to consider the information provided by its counsel concerning the interim development agreement between Moore and the city. The magistrate further concluded that had the board considered only the city’s amended annexation petition and the engineer’s response, it would have had to conclude that the city owned the subject property. The magistrate recommended that the court of appeals grant the requested writ of mandamus because the city had satisfied all of the requirements for annexation under R.C. 709.16(B). In his decision, the magistrate noted that under Civ.R. 53, the parties could file their objections within fourteen days of his decision.

On the same day that the magistrate filed his decision, the court of appeals entered judgment adopting the decision and granting the city a writ of mandamus to compel the board to grant the city’s annexation petition. On January 18, 2001,’ the board filed written objections to the magistrate’s decision. On February 27, 2001, the board filed a notice of appeal to this court from the court of appeals’ January 8 judgment. We subsequently granted the board’s motion to remand the cause to the court of appeals for judgment on the board’s objections to the magistrate’s decision. State ex rel. Painesville v. Lake Cty. Bd. of Commrs. (2001), 91 Ohio St.3d 1511, 746 N.E.2d 613. In May 2001, the court of appeals denied the board’s objections.

[569]*569This cause is now before the court for its consideration of the board’s appeal of right as well as its request for oral argument.

The board requests oral argument “pursuant to S.Ct.[Prac.]R. IX.” We deny the board’s request because S.Ct.Prac.R. IX does not require oral argument in this appeal, the board has neither established nor asserted any of the usual factors that warrant oral argument, and the board does not specify why oral argument would be beneficial here. State ex rel. Woods v. Oak Hill Community Med. Ctr., Inc. (2001), 91 Ohio St.3d 459, 460, 746 N.E.2d 1108, 1111. The parties’ briefs are sufficient to resolve this appeal. Id. at 460-461, 746 N.E.2d at 1111, citing State ex rel. Lucas Cty. Bd. of Commrs. v. Ohio Environmental Protection Agency (2000), 88 Ohio St.3d 166, 169, 724 N.E.2d 411, 415.

Mandamus

The board asserts that the court of appeals erred in granting the writ of mandamus compelling it to approve the city’s revised petition for annexation. The court of appeals determined that under R.C. 709.16(B) and In re Annexation of 466.112 Acres of Land

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crane v. Ohio Adult Parole Auth.
2023 Ohio 3031 (Ohio Court of Appeals, 2023)
AT&T Communications of Ohio, Inc. v. Lynch
2012 Ohio 1975 (Ohio Supreme Court, 2012)
State ex rel. City of Lorain v. Stewart
119 Ohio St. 3d 222 (Ohio Supreme Court, 2008)
State ex rel. Hilltop Basic Resources, Inc. v. City of Cincinnati
118 Ohio St. 3d 131 (Ohio Supreme Court, 2008)
State ex rel. Mackey v. Blackwell
106 Ohio St. 3d 261 (Ohio Supreme Court, 2005)
State ex rel. Moss v. Ohio State Hwy. Patrol Retirement Sys.
2002 Ohio 5806 (Ohio Supreme Court, 2002)
State ex rel. Nationwide Mut. Ins. Co. v. Henson
2002 Ohio 2851 (Ohio Supreme Court, 2002)
State ex rel. Nationwide Mutual Insurance v. Henson
96 Ohio St. 3d 33 (Ohio Supreme Court, 2002)
State ex rel. Shemo v. Mayfield Hts.
2002 Ohio 1627 (Ohio Supreme Court, 2002)
State ex rel. Shemo v. City of Mayfield Heights
765 N.E.2d 345 (Ohio Supreme Court, 2002)
State ex rel. Painesville v. Lake Cty. Bd. of Commrs.
2001 Ohio 1609 (Ohio Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
757 N.E.2d 347, 93 Ohio St. 3d 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-city-of-painesville-v-lake-county-board-of-commissioners-ohio-2001.