345 N.E.2d 87 | Ohio Ct. App. | 1973
This appeal is from an order of the Court of Common Pleas dismissing William J. Fogarty, Frank J. Gaffney, and Ford S. Crile as parties-appellee in Eaton's appeal from a decision of the board of county commissioners; hence, Fogarty, Gaffney and Crile are the appellants in this appeal.
One Hugh M. Eaton, Jr. (an appellee herein), the owner of 115 acres of land in Bath Township, filed a petition with the board of county commissioners to have that real estate annexed to the city of Fairlawn. The petition was denied after a public hearing was conducted. The appellants, the township trustees of Bath Township, personally appeared at that hearing to contest the granting of Eaton's petition. The petition was denied and Eaton appealed to the Court of Common Pleas, naming the board of county commissioners of Summit County as appellees.
Thereafter, Fogarty, Gaffney and Crile sought, in that proceeding, to intervene as adverse parties (appellees). Eaton filed a motion to strike such entry of appearance for the reason that such parties "are not residents of the area sought to be annexed * * * and, accordingly, are not `interested persons' within the meaning of Section
It is conceded that the appellants are neither residents in, nor owners of any real estate in the territory sought to be annexed. The Court of Common Pleas found that they were not "interested persons," within the purview of R. C.
Fogarty, Gaffney, and Crile seek to intervene in that appeal, under the authority of R. C.
Appellants contend that, since "any other person" may appear at the public hearing to support or contest annexation, any such person may thereafter appear as a party appellant, contesting the action of the board of county commissioners, if it approves the petition for annexation, and, if it denies the petition, as a party appellee to assist the board on appeal.
By seeking to become such parties-appellee, the appellants are continuing to contest annexation. Pursuant to R. C.
The case of Weber v. Williams (1972),
The appellants, Fogarty, Gaffney and Crile, are not in such a position. It is true that the petition was denied, and that R. C.
We conclude that to become such parties to the proceeding, they must be "interested persons," as that term has been construed in the Weber case. Since, admittedly, they do not qualify as such, they were properly stricken as parties-appellee. The judgment is affirmed.
Judgment affirmed.
BRENNEMAN, P. J., and MAHONEY, J., concur. *319