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Salem land addition hinges on judge
By D.A. WILKINSON
LISBON
Columbiana County Common Pleas Court Judge David Tobin said that Salem City Council can give two regular readings — one per meeting — of an ordinance to accept portions of a land annexation to the city.
A third reading is needed to approve it and make it a done deal.
Judge Tobin on Thursday indicated that whether there is a third will depend on the outcome of the case he’s hearing.
Green Township is challenging the annexation of about 99 acres on the west side of U.S. Route 62 north of Salem into the city. Some of the property is in Perry Township in Columbiana County, and some is in Green Township in Mahoning County.
The city wants land to expand.
The Columbiana Commissioners have approved the annexation under an expedited law that does not allow appeals.
Akron Atty. Alfred E. Schrader, who represents the Green Township trustees, has labeled the annexation unconstitutional.
The key property in Perry Township needed to connect the city with Green is owned by Robert D. and Alice E. McCluggage, who supported the annexation.
The former West Branch schoolteacher told the court that Greg Oesch, then the city’s safety director, asked him to sign the request.
“Greg was a friend,” he said. “I signed, much to my dismay.”
McCluggage testified that a neighbor informed him later that the city planned to run utilities through his property to reach Green Township.
McCluggage said he did not want construction to bother his wife, Alice, who is ill.
Schrader asked if Oesch or other city officials had told him he could back out of the request. He said, “No, they did not.”
The judge set a schedule for responses between the lawyers that is set to end May 25. He’ll rule on the matter sometime after that.