RELATED: Hamilton claims ‘financial distress’ in court documents
However, the auditor’s office adjusted the boundaries and thus the taxes. The Board of Elections disallowed multiple jurisdiction voting as well because both believed the annexations were finalized.
When the city was told about a probe into the matter, it received permission from commissioners in October 2016 to create a “paper township,” which adjusted the city’s boundaries to include the annexed properties.
St. Clair legal advisor Gary Sheets says that action triggered the law at issue.
Hamilton claimed the land in question was annexed prior to a 2002 law that provides compensation to townships. The city also told the court in a motion to dismiss the township hasn’t presented any claims for which relief can be granted.
The high court said the township can try another court venue.
“Because we conclude that St. Clair has not shown that it has a clear legal right to the requested relief, we deny the writ. We caution, however, that our decision today is not an adjudication on the merit,” the decision reads. “… Should St. Clair attempt to institute an action in another forum to obtain its requested relief, this decision would not be a bar to such an action.”
Sheets told the Journal-News the case is far from over.
“I consider this a win,” Sheets said. “Now we argue about the amount of money St. Clair Twp. is due from Hamilton.”