Appeals court tells Miami County it must approve Bethel-Huber annexation

Miami County commissioners had rejected landowners’ request; they’re expected to meet on this again next week
Carriage Trails is a large housing development in Huber Heights that reaches from Montgomery County into Miami County and the Bethel school district. MARSHALL GORBY\STAFF

Carriage Trails is a large housing development in Huber Heights that reaches from Montgomery County into Miami County and the Bethel school district. MARSHALL GORBY\STAFF

TROY — Ohio’s 2nd District Court of Appeals has ordered the Miami County commissioners to approve the annexation of 260 acres from Bethel Twp., Miami County, to Huber Heights in Montgomery County.

The property lies north of the Carriage Trails development in Huber Heights but is within Miami County and the Bethel Local School district. The property owners listed on the annexation petitions are Gessaman Family Farm LLC; Gary L. Lavy, trustee; Raymond E. and Kriss Haren; and the estate of Charles Stafford.

The commissioners voted 3-0 earlier this year to deny the annexation despite protests of annexation agents who said they had no choice under state law because the petitions met all seven conditions required by law.

The commissioners said the petitioners met six conditions but had failed to meet a provision for water and sewer services.

The appellate judges disagreed, saying the commissioners’ opposition was based “solely on pragmatic (non-legal) considerations,” which did not constitute a legally sufficient basis for denying the annexation.

The agent petitioning “possesses a clear legal right to have her annexation petition granted by commissioners,” the court said, in granting the request for a writ of mandamus to force the annexation approval.

The county commissioners will meet in an executive session, likely next week, to discuss the decision, Charlotte Colley, the commissioners’ administrator, said Thursday.

At an April meeting in Huber Heights, Bethel Twp. trustees expressed concern that annexation of land would continue further into the township, potentially creating excess traffic, pressure on the school system, and a loss of the area’s rural charm.

If the land is annexed into Huber Heights, the city’s zoning laws allow for more houses to be built per acre than in the township.

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