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Townships consider taking annexation decision to court

Graphic by Greg DeGroat Warren County has approved an annexation of the above property to South Lebanon.

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By Denise G. Callahan, Staff Writer Updated 9:18 AM Thursday, June 11, 2009

Deerfield and Hamilton township officials are mulling possible court action in the wake of county approval for an annexation of property to South Lebanon.

The townships could file a writ of mandamus, an action that would ask a judge to force Warren County Commission, which approved the annexation Thursday, June 4, to reconsider its decision. Hamilton Twp. Trustee Board President Becky Ehling and Deerfield Twp. Trustee Chris Romano said they are considering legal action.

“I anticipate Deerfield is going to do it and we’ll join forces with them,” Ehling said.

The petition to join 155 acres of land from Deerfield, Hamilton and Union townships to the village of South Lebanon, has been withdrawn, revised and resubmitted several times, as opponents poked holes in the legality of the annexation. In its final form, the commissioners said they had no choice but to approve the expedited Type 2 annexation.

“It is an emotional issue between townships and municipalities.... I do appreciate and care about the townships concerns,” Commissioner Pat South said. “I know the fear is that South Lebanon is opening the door to be able to annex more virgin land that was never available to them prior to this annexation. However, the reality is, the law I think is very clear on expedited Type 2 annexations.”

The townships had argued the land in question — along the Little Miami River south of Mason-Morrow-Milgrove Road — is not contiguous. However, the attorneys for the petitioners, Don and Delores Middleton and Little Miami Inc., said while only 5 percent contiguity is required, almost 15 percent of the properties match up to the village.

Hamilton Twp. Law Director Warren Ritchie still disputes the contiguity of the properties.

“The Supreme Court has defined contiguous to mean, essentially, that the property to be annexed is unified, not separate or segregated, from South Lebanon,” he said. “In this case, the meandering strip of river and riverbank, flowing away from South Lebanon, is not a natural part of South Lebanon as it exists today. It therefore fails to meet the test of contiguity, as required by the statute.”

Deerfield Twp. Law Director Tom Swope also questioned the ownership of some of the land that was once owned by the King Powder Company.

Commissioner Mike Kilburn said that didn’t help the cause, “If the company is dissolved, it can’t own anything.”

The petitioners hired a title law specialist who confirmed for the commissioners that all of the property owners listed in the petition were present and accounted for.

The Middletons, according to their representative William Dunning, wanted village services and his other client Little Miami Inc. wanted “a uniform plan for preserving river.” South Lebanon officials have promised to provide that plan.

Romano said they may file the writ, but he doubts it will have much impact on this case. The only change he said would have to be legislative, to give townships more clout to protect their boundaries.

“Our state laws encourage the pillaging of townships by villages and cities and don’t encourage county commissioners to conduct full hearings that would permit township residents to be fairly represented,” Romano said. “Instead, our position is given only a cursory review with no possibility of appeal.”

Hamilton Twp. already has a writ filed against the commissioners on another annexation case involving the village of Maineville. The Ohio Supreme Court recently accepted for review a case that addresses the fact townships currently don’t have standing in annexations.

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