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Commissioners grant annexation petition

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XENIA — Under court order, Greene County commissioners July 9 granted the petition for annexation of roughly 45 acres in Xenia Township to the City of Xenia.

The resolution passed unanimously, according to County Administrator Brandon Huddleson, and was adopted at the regular meeting.

In September 2017, the city filed an expedited type-2 annexation petition with the county seeking approval to annex the land — 41.1 acres along the Ohio to Erie Bike Trail owned by the city and a 4.5-acre parcel owned by Central State University.

City officials cited the benefits of annexation for Xenia, including receiving income-tax revenue from university employees, while CSU could benefit by lowering its operating costs. CSU pays for water, sewer, fire and EMS services from Xenia. If it became part of the city, fire and EMS would be required services and CSU would no longer have to pay the non-resident surcharge for water.

According to the resolution, prepared by the prosecutor’s civil division, while the city and the county discussed services and zoning buffers, the Greene County engineer identified that the annexation would create a road maintenance problem. In October 2017, the Xenia Township Board of Trustees filed a resolution objecting to the annexation petition.

Commissioners considered seven criteria and ultimately denied the petition unanimously that November.

In May 2018, the city filed a petition for a writ of mandamus with the Second District Court of Appeals. The court granted the city’s request, ordering the county to approve the petition. The county then appealed to the Ohio Supreme Court in December 2019. The board opined that the annexation would create a “‘balloon on a string’ contrary to legal precedent and the intent of the legislature.”

The supreme court affirmed the judgment of the Court of Appeals June 25, 2020, ruling in favor of the city.

Glaser
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Koogler
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By Anna Bolton

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