State ex rel. National Lime & Stone Co. v. Marion County Board of Commissioners

The railroad that held land within a territory proposed for annexation had a railroad right-of-way held in fee, and therefore, the railroad fell within the exception to the definition of “owner” set forth in Ohio Rev. Code 709.02(E). Consequently, the railroad was not a required signatory to the annexation petition at issue in this case.The court of appeals dismissed a complaint for a writ of mandamus filed by National Lime and Stone Company seeking to compel the Marion County Board of Commissioners to approve a petition for annexation. The court of appeals concluded that Norfolk Southern Railway was an “owner” of real property in the territory proposed for annexation and, therefore, needed to consent to the annexation. The Supreme Court reversed and issued a writ of mandamus compelling the Board of Commissioners to approve the petition for annexation, holding that Norfolk’s signature was not required on National Lime’s petition for annexation and that National Lime had satisfied each of the statutory conditions for annexation. View "State ex rel. National Lime & Stone Co. v. Marion County Board of Commissioners" on Justia Law