Rewyal Co. Ltd. Partnership v. Dublin
2017 Ohio 367
| Ohio Ct. App. | 2017Background
- Plaintiffs (Reywal, Banks, Sheriffs) own three unplatted, undeveloped parcels (~41 acres) annexed to the City of Dublin from Perry Township in 1974; parcels lack Dublin infrastructure and have access only from a road not in Dublin.
- In 2007 plaintiffs petitioned under R.C. 709.41–709.42 to detach the parcels from Dublin and attach them to an adjacent township.
- Trial followed on remand from appellate decisions; issues required proving four statutory elements: (1) five years elapsed since annexation, (2) parcels are farm land not in original corporate limits, (3) owners are/will be taxed for municipal purposes in substantial excess of benefits received, and (4) detachment will not materially affect Dublin’s best interests or good government.
- Trial court found all four elements satisfied and ordered detachment to Perry Township; Dublin appealed.
- The Tenth District affirmed, reviewing statutory interpretation de novo and factual findings for abuse of discretion / for being supported by competent, credible evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Five-year requirement (R.C. 709.41) | Annexed in 1974; petition filed 2007, so requirement met | N/A | Met — plaintiffs conclusively established >5 years elapsed |
| Whether parcels are "farm land" under R.C. 709.42 | Parcels are "used or suitable for use" to raise crops/livestock (leased for grazing/hay; CAUV history; appraiser testimony) | "Farm land" requires active cultivation for food; parcels lack active crop/livestock production or farm equipment | Held "farm land" under plain/dictionary meaning (used or suitable for farming); trial court’s finding upheld |
| Whether taxed in substantial excess of benefits conferred | Plaintiffs receive minimal Dublin services (no utilities, no trash/snow removal, few police calls); comparable or better services would be available from Perry Township; taxes outweigh benefits | Dublin provides general communal benefits and police protection; plaintiffs pay municipal taxes and thus receive municipal services | Held plaintiffs proved substantial excess: both (a) comparative services to township and (b) cost/benefit (police calls vs. taxes) support finding of excess |
| Whether detachment would materially affect Dublin’s best interests/good government | Loss is negligible (41 acres of ~25–30 sq mi; ~$699 in municipal tax loss; no income tax); no adverse effect on neighbors; development control remains through approval processes | Detachment would create a township pocket, remove Dublin’s control, enable zoning shopping | Held detachment would not materially affect Dublin’s best interests or good government; trial court’s factual finding sustained |
Key Cases Cited
- Campbell v. Carlisle, 127 Ohio St.3d 275 (Supreme Court of Ohio) (guides use of CAUV and tax amount to consider under R.C. 709.42)
- Reywal Co. L.P. v. Dublin, 128 Ohio St.3d 270 (Supreme Court of Ohio) (affirmed in judgment only and remanded for application of Campbell)
- Reywal Co. L.P. v. Dublin, 188 Ohio App.3d 1 (10th Dist.) (earlier appellate decision reversing summary judgment and directing broader inquiry under R.C. 709.42)
- Hoffman v. State Med. Bd. of Ohio, 113 Ohio St.3d 376 (Supreme Court of Ohio) (principle that technical/industry definitions govern when established by statute or long-standing usage was discussed and distinguished)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio Supreme Court) (standard that appellate courts defer to trial court findings of fact)