The city of Beavercreek will be seeking the court’s help in its attempt to annex 118 acres of land from Beavercreek Twp.
City Council approved a resolution Monday night authorizing attorney Catherine Cunningham to institute a writ of mandamus action to compel the Greene County Board of Commissioners to perform its statutory duties and approve the annexation petition.
The majority of the 118 acres is owned by the township or Greene County.
Cunningham is responsible for drafting the writ of mandamus, and it is unclear when it will be filed with the Greene County Common Pleas Court, said city law director Stephen McHugh. McHugh said the city expects the courts to address the issue within a year.
A writ of mandamus is a court order directing a public body to take action. At a Jan. 15 commissioners’ meeting, a motion was made to approve the petition, but it died because it was not seconded by another commissioner.
“We want to know what the answer is,” Mayor Vicki Giambrone said. “We just need an answer one way or another to indicate how we do these things in the future.”
The resolution says the commissioners “failed to act in accordance with Section 709.023(G) of the Ohio Revised Code.”
“Very simply, it’s a request of the county commissioners to state why the annexation petition was not acted upon,” McHugh said.
Included in the 118 acres of land are the fire department headquarters, a township administration office and three parks — Rotary, Victory and Phillips. It does not include the township’s administration building on 1981 Dayton Xenia Road, according to David Beach, the city’s public administrative services director.
“I expected the city to ask the county for the reasons why the annexation petition was not approved,” said Carol Graff, Beavercreek Twp. trustee. “Townships have very little ability to do much when it comes to annexation. We do what we can. We’re hoping that the current application does not pass.”
The city initiated the annexation process after it was approached by the owners of 5.1 acres of land on Dayton-Xenia Road and Rine Landscaping, who uses the property, about annexing the property into the city. The landscaping company had a disagreement with the township about a zoning issue.
The proposed expansion of the city includes a tract of land on Dayton-Xenia Road that starts near Beaver Valley Road and ends close to the Beavercreek Twp. Cemetery.
Alan Anderson, the Greene County Board of Commissioners president, moved to approve the Beavercreek petition at the Jan. 15 meeting following an executive session on the issue. The motion then died.
Commissioner Bob Glaser, a former Beavercreek Twp. trustee, recused himself from the work session and vote.
Beavercreek Twp. trustees have been opposed to the annexation since they were notified of the city’s plans in October when the petition was filed.
Council previously said annexing the property is an opportunity to be forward thinking about the city’s future.
Beavercreek Twp. employs about 100 people — the bulk full and part-time firefighters — and has about a $5.76 million annual payroll.
Staff writers Doug Page, Sharahn D. Boykin and Amelia Robinson contributed to this story.