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Push to secede from city may need more work

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By Ed Richter, Staff Writer 8:34 PM Monday, July 20, 2009

Residents of the Bridgewood Villa subdivision may not get the answer to their question when they attend the Middletown City Council meeting tonight, July 21.

Last month, a group of residents appeared before council — as well as before the Warren County Commission — seeking to secede or detach their subdivision from Middletown.

Mark Bowen, one of the residents leading the effort to leave the city, said Monday, July 20, that several residents plan to attend the council meeting to speak on issue.

City Law Director Les Landen said the submitted petition was incorrectly formatted and a map with the correct legal description of the territory to be transferred has not been received by the county.

Landen said once those items are filed with the county, the city will decide on approving the request. He is slated to give council an update tonight.

Bruce McGary, Warren County’s chief assistant prosecutor, said he did not see the residents’ presentation to the county commission last month. However, McGary said he suggested they consult with a lawyer.

“There is a lot to this,” McGary said. “It’s pretty complicated and without an attorney, it’s a tough row to hoe.”

Before starting the process, he said the Ohio Revised Code requires a correctly formatted petition with the appropriate legal language and a map accurately describing the territory.

McGary said at least 51 percent of the property owners must approve the request, which also needs an ordinance giving Middletown City Council’s assent.

In addition, he said there needs to be a calculation of current or pending liabilities of any improvements made by the city.

Petitions were signed by 60 of the 80 property owners in the subdivision on the city’s southeast border adjacent to Turtlecreek Twp. Residents said they did not feel they are a part of the city and identify more with the township and Lebanon City Schools.

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