Greene County asks court to dismiss Xenia’s annexation case

Greene County is asking the Ohio Second District Court of Appeals to dismiss the City of Xenia’s claims that county commissioners failed to meet their obligations in the city’s attempt to annex land connected to Central State University.

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Attorneys representing the county commission board last week filed a motion to dismiss and an answer to Xenia’s writ of mandamus, which asks the court to reverse the commission’s decision to deny the city’s petition to annex approximately 45 acres of land connected to CSU’s campus via the Ohio to Erie Trail.

RELATED >>> Xenia takes Greene County to court in bid to annex Central State

The county’s filing argues that the commissioners fulfilled their obligation to review the city’s annexation petition. A mandamus seeks to compel a governmental board to “perform its duties ... not to control its discretion,” according to the county’s filing obtained by this news organization through the Greene County Clerk of Courts.

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In September 2017, Xenia officials filed the first of three planned petitions for annexing CSU’s campus. In November, commissioners reviewed the merits of the petition during a public meeting and ultimately voted to deny the petition, stating in their resolution that four of the seven requirements spelled out in state law for Type II annexations were not met.

This news organization is working to gather and report more details from the court filings.

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