Court backs Xenia’s attempt to annex to Central State

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The Second District Court of Appeals has ruled in favor of the city of Xenia in its efforts to annex land leading to Central State University.

The land to get from Xenia to the campus is narrow and runs along a bike path.

The three-judge panel ruled Nov. 18 that the city “has demonstrated that its expedited type 2 annexation petition met all the statutory requirements” and the city’s request to compel Greene County commissioners to approve the petition is granted, according to the court records.

>> RELATED: Greene County rejects Xenia, CSU annexation petition

“We decline to reconsider our previous decision concerning the relevant contiguity requirement,” a summary of the court’s decision and final judgment reads.

Commissioners voted to deny the city’s petition after a hearing in November 2017.

The proposed annexation is of about 45 acres stretching from the city limits to CSU along the bike path known as the Ohio to Erie Trail.

The Dayton Daily News is working to get reactions and additional details about next steps from city and county officials.

Xenia Twp. Administrator Alan Stock, who argued against the city’s petition prior to the commission’s vote, said in an email today the township still contends what the city is trying to do is unlawful and is the “first step in expanding a city form of governance to the detriment of the township form of governance.”

“If allowed to stand, this first step to call a city boundary that is less than three feet wide and almost three miles long proceeding out and away from the city will ultimately create an annexed balloon from which the city of Xenia can then annex more township serviced properties in 360 degrees,” Stock said.

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