TRUMBULL COUNTY Hubbard contests approval of annex

The property owners sought annexation to get city and water service.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- Hubbard Township trustees say Trumbull County commissioners didn't follow proper procedures in approving an annexation to the city and want a judge to stop the action.
Commissioners approved the annexation of 254 acres off state Route 304 at Deer Creek Golf Course last month. The property owners, James and Phyllis LaCivita, sought annexation from the township to the city to get city water and sewer service.
The township filed an appeal of the annexation decision and a request for a judge to stop the action this week in Trumbull County Common Pleas Court.
Arguments: The suit says commissioners failed to conduct a hearing within the time limitations required by law.
Atty. Mark S. Finamore, who represents the township, said commissioners must schedule public hearings on annexation petitions within 90 days of the petition filing. The petition was filed July 11, and the hearing was Nov. 15. Commissioners approved it Feb. 8.
The township also argues that the commissioners' decision was arbitrary and capricious, and not supported by the evidence. Annexation doesn't serve "the general good of the territory sought to be annexed" because it subjects the property to city income tax, the township contends.
The county's first assistant prosecutor, who represents commissioners, couldn't be reached.
The public services, except for sanitary sewers, are "equal to or better than those proposed by the city," and irregular boundaries created by annexation may cause confusion over delivery of safety services, the lawsuit says.
Annexation would leave one side of some streets in the township and the other in the city, Finamore said.
Chances: He acknowledged that annexation decisions in favor of cities are difficult to overturn.
"The trustees in Hubbard just believe the township has suffered from the erosion of the tax base because of annexation," Finamore said. "They've taken a strong position to always oppose" annexations.
The case has been assigned to Judge W. Wyatt McKay.