TOLEDO, Ohio — Dozens filled the Lucas County commission chamber Tuesday afternoon for a hearing on the proposed annexation of portions of Sylvania Township to the city of Sylvania.
Attorneys for both the city and the township presented oral arguments on the case.
Richard Malone, representing the township, argued that the city has not met certain procedural requirements for a vote on this to even take place. The proposal needs a majority 51% of petitions in support to pass. The township believes that the petitions should be counted by parcels or properties, which would be 31 total, while the city believes the statute counts property owners, which would make for 46 total.
Both sides have the support they need based on their arguments. But, the township also contests that according to the annexation statute, the city was supposed to have this hearing within 90 days. That date passed two weeks ago.
"This commission has no authority to consider the annexation petitions that are before it because we're well outside the 90 day window," Malone said.
Leslie Brinning, law director for the city of Sylvania, said the interpretation of property owners vs. properties has never been up to debate.
"I've been involved in annexation since I started working for Mr. Moan (former law director) in 1997 and we've always counted property owners," she said. "It's never been an issue of parcels versus property owners."
Meadows subdivision resident Joe Verkennes spoke Tuesday, saying no one asked for annexation and it does not meet the requirement of benefiting the common good of the proposed annexed area.
“As township residents, we gain nothing from being annexed," he added. "We already have all of the services the township says it would give us, in fact we only stand to lose.”
Residents say they will lose money as they will be subject to the city’s income tax and also fear their property values will drop drastically.
Residents say the city manipulated many property owners by inserting a pledge to support future annexation into their water service agreements when they purchased their homes.
Michael McGowan has lived in the township his whole life. He’s even built two houses and says the city’s tactics are just wrong.
"The process they’ve used is completely unreasonable, it’s strong-arm tactics," McGowan said.
“I had to sign water. I was being extorted for water. I didn’t have a choice," Verkennes said.
Commissioners have 30 days to make a decision after receiving written arguments from both sides. It's a decision that could set precendence for future annexation proposals.
"We’re not talking in this case about just one community alone. Let’s face it," Lucas Co. commissioner Pete Gerken said. "We’re talking about this being the start of a larger process of what does annexation mean to both the cities and the township residents and that’s really the issue we’re going to have to deal with on December 10.”