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.
As Miller approached the podium when the commission opened the meeting to public comment, an assistant county prosecutor said he hoped Miller was not planning to comment on the annexation. Chris Englert, assistant prosecutor, said comment would not be appropriate because the annexation remains pending litigation.
Miller proceeded to comment, noting the court’s ruling and urging commissioners to act. If an appeal of the ruling to the Ohio Supreme Court is being contemplated, Miller said commissioners would be opening the door to “a motion for sanctions for frivolous appeal.”
“I urge you to obey the rule of law,” Miller said. Commission President Ted Mercer thanked Miller for his comments.
Englert told commissioners he would consult with Prosecutor Tony Kendell. The commissioners said the county had received the appeals court decision but had not been served with the writ of mandamus.