Lisa Hlavinka | The Gazette

MEDINA — A judge has cleared the way for the annexation of 103 acres to Seville from Westfield and Guilford townships.

Common Pleas Judge Christopher J. Collier on Friday dismissed a request by Westfield Township trustees and property owners Denver and Rebecca Conley to stop the annexation.

In his judgment entry, Collier wrote trustees and the Conleys did not protest the annexation petition in a timely manner.

Westfield trustees and the Conleys claimed the annexation petition was not valid because a waiver relinquishing each signer’s right to appeal appeared in the wrong place on the document. Under the Ohio Revised Code, the waiver is to appear directly above the signatures, but on the petition signed by the Conleys, the waiver appeared on the page before.

Westfield and the Conleys named the Village of Seville and the board of county commissioners in their petition. In turn, the county board of commissioners and Seville filed a motion to dismiss the case, which was granted, and Seville also filed one for sanctions, which was denied.

Collier, who heard arguments from both sides on June 3, wrote in his judgment entry that the law provides a window of 20 days to object to the petition, which trustees and the Conleys failed to do.

Of the 103 acres to be annexed, 77 are in Westfield and 26 in Guilford. Westfield and Guilford trustees have cited concerns the land lies on floodplains and developing it improperly could cause flooding of other properties.

County commissioners approved the annexation as an expedited Type 2 on Feb. 18 because it met the requirements under Ohio law. A Type 2 annexation requires the land to have a 5 percent contiguous border with the municipality it would be annexed to and be less than 500 acres. Commissioners also had the permission of all of the property owners at the time.

Westfield Trustee Carolyn Sims has said she fears this annexation could lead to the annexation of Westfield Trustee Tim Kratzer’s property, the border of which is contiguous to the 103 acres. She said that could create a domino effect, leading to other annexations that would ultimately undermine the township’s tax base.

Kratzer would like to develop his property off Greenwich Road near interstates 71 and 76, but the township turned down his rezoning request.

Sims said she was disappointed in the judgment, but the township does not plan to appeal.

“Seems to be a legal matter of proper timing, unfortunately. Westfield discovered the issues too late to be considered,” Sims said. “I respect Judge Collier’s decision, without appeal from the township.”

Seville Mayor Larry Landis said while he was pleased with the decision, he is unhappy the village spent money on attorney fees for what he considered a case the township did not have a chance to win. As of the end of May, he said the village had spent more than $6,000 on legal fees.

Westfield’s legal expenses were not available Monday, although the township paid its attorney, Al Schraeder, a $5,000 retainer.

Contact Lisa Hlavinka at (330) 721-4048 or lhlavinka@ohio.net.