Supreme court rules in favor of Xenia annexation

By Scott Halasz - [email protected]

XENIA — The Ohio State Supreme Court Thursday ruled in favor of the City of Xenia in its attempt to annex land in Xenia Township.

In September 2017, the city filed a type-2 annexation petition with the county seeking approval to annex roughly 45.6 acres of land located in Xenia Township. The city owns approximately 41.1 acres and Central State University owns the remaining acreage.

The county commissioners denied the annexation, saying the city did not meet all the requirements in the Ohio Revised Code. The city then asked an appeals court to issue a writ of mandamus compelling the county to approve the annexation petition, which the court granted after denying a county motion for summary judgment. The county followed with its appeal to the supreme court.

In the appeal, the county questioned if the petition satisfied four specific conditions in the ORC concerning this type of annexation: sole contiguity; a boundary contiguous with the municipal corporation of at let 5 percent of the perimeter; annexation must not create an unincorporated area of the township that is completely surrounded by the territory proposed for annexation; and if potential road maintenance concerns are addressed.

The court disagreed with the county’s arguments and “for the foregoing reasons, we affirm the judgment of the court appeals.”

“The Supreme Court ruling is encouraging for Central State University’s vision for expansion with the city of Xenia,” said CSU President Dr. Cynthia Jackson-Hammond. “The expansion promotes the mission of a land grant institution which is guided by the principle of enhancing the quality of life for the citizens of Green County and other Ohio counties. Central State and the city of Xenia are finally able to formally collaborate, grow and become stronger partners for social, economic and community development.”

By Scott Halasz

[email protected]

Contact Scott Halasz at 937-502-4507.

Contact Scott Halasz at 937-502-4507.