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Published: Thursday, May 24, 2018 @ 10:29 AM
By: Richard Wilson
— The city of Xenia has taken legal action against Greene County commissioners, asking a court to reverse their decision denying the city’s petition to annex land connected to Central State University.
The city filed the complaint Wednesday with the Ohio Second District Court of Appeals and seeks a “writ of mandamus,” according to filings with the Greene County Clerk of Courts.
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A writ of mandamus is an order from a court to a government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion, according to the definition as provided by the Cornell Law School.
The city submitted a petition to the county in September seeking an expedited Type II annexation of approximately 45 acres of land. Key to the city’s proposal is annexing approximately six miles along the Ohio to Erie Trail which connects the city to CSU property.
Such annexations have been referred to as “string” or “balloon on a string” annexations, in which a city uses a strip of land to annex a larger piece of land that is not otherwise connected to the city limits.
County commissioners Alan Anderson, Tom Koogler and Bob Glaser, who are named in the city’s court filing, voted unanimously in November denying the city’s annexation petition.
County commission boards are obligated under Ohio law to approve such petitions, providing that a city fulfills seven requirements.
This news organization is working to gather more details about this developing story.