Salem is appealing Perry Twp.’s denial. application | News, Sports, Vacancies

LISBON — The city of Salem made good on its promise to appeal the recent denial of a proposed annexation on Beachwood Road in Perry Township by filing papers in the Columbia County Court of Common Pleas Wednesday afternoon.

Defendants named in the administrative appeal included the Columbia County Board of Commissioners, the city of Perry and Beachwood Road property owners Shawn and Lori Butcher, who filed the annexation petition under duress after the city threatened to cut off their water and sewer services. if they had not sought annexation.

The appeal, filed by Salem City Legal Director Brooke Zellers and Roetzel & Andress attorney Stephen Funk, seeks to overturn the county commission’s decision to deny the annexation petition, arguing that “The board’s decision was unlawful, arbitrary, capricious, unreasonable and not supported by a preponderance of substantial, reliable and probative evidence as a whole.”

According to the appeal document, a copy of the appeal was served on the commission secretary along with an order requesting “the preparation and filing of a complete transcript of the annexation process, including all exhibits and other documents submitted to or received by the board of county commissioners in connection with the petition for annexation.”

In addition to reversing the commissioners’ decision, the appeal seeks a final judgment and order granting the petition for annexation and all costs incurred in this proceeding, including attorneys’ fees.

On October 23, the commissioners passed a resolution refusing the annexation, explaining in a written resolution that: “The petition fails to satisfy all of the requirements set forth in Section 709.02 of the Revised Code on the ground that the subject property is not sufficiently adjacent to the City of Salem.” Chairman of the Council Commissioner

Mike Halleck read the resolution into the record and Commissioner Tim Weigle moved to approve the resolution denying the annexation petition. Halleck asked if there was a second and was met with silence, deciding to second the motion himself. Both Weigle and Halleck then voted to reject the annexation, with Commissioner Roy Paparodis abstaining from voting. When asked why he held out, Paparodis said he was in negotiations to purchase property next to his current property on Pierce Street and the party involved was against annexation and he was still negotiating the price.

The annexation debate began when the City of Salem informed the Butchers in April 2023 that they had to annex the Perry Township area into the City of Salem due to a deed restriction that if they ever became contiguous, they would have to seek annexation in order to save water. and sewer provided by the city.

City officials said their property became contiguous due to the recent approval of the annexation of the Industrial Park property by Leo Hickey of LLN Holdings. The lot in question is across the street south of Butcher’s lot, separated by a street.

City leaders argued that the property was now adjacent to the city due to another annexation. Perry Township trustees and Butchers’ legal counsel argued that the property was not contiguous.

Lori Butcher testified during a public hearing on annexation that they did not want to remain in the city and only filed the petition after the city repeatedly threatened to cut off their water and sewer services. A number of property owners in the area presented a petition to the commissioners opposing the annexation.

Earlier this month, Salem City Council members voted 5-2 to file an appeal challenging the commissioners’ decision.

The appeal case was assigned to Common Pleas Court Judge Megan Bickerton. A hearing in this case has not yet been scheduled.

An appeal filed to challenge the denial of a proposal to annex 0.4044 acres of East Highland Avenue from Perry Township to the City of Salem earlier this year is still pending. The appeal was filed by property owner Tamra Hettinger, who filed a petition for annexation.