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Lack of action on Canfield annexation prompts lawsuit
Canfield annexation lawsuit
Document
The lawsuit filed by Frank Amedia asking a judge to order the Mahoning County Commissioners to approve the annexation of 18.83 acres in Canfield.
By JUSTIN WIER
YOUNGSTOWN
A local televangelist filed a lawsuit against the Mahoning County commissioners, alleging they have failed to act in a timely manner regarding the annexation of 18.83 acres near Palmyra Road in Canfield.
The commissioners voted last week to delay a decision on the annexation petition – which was filed by Frank Amedia on June 2 – for another 60 days.
Amedia leads Touch Heaven Ministries in Canfield and hosts “Deep Calls to Deep” on the Daystar network. He served as a liaison to Christian policy for President Donald Trump’s campaign.
He has plans to develop the property commercially and residentially, Canfield city officials said. Annexing the Canfield Township land would provide the development with access to city water and sewer lines.
Canfield Township Trustee Marie Cartwright said the city and the township are working together to form a joint economic development district for the property.
Document: Canfield Annexation Lawsuit
The total property Amedia wishes to develop constitutes 111 acres, she said. However, the annexation process allows municipalities to annex only territory with a perimeter 20 times larger than the length of the area where the territory touches the existing municipality.
The area where the proposed annexation abuts the current border of Canfield city is 311 feet long.
Amedia would return to annex the rest of the property at a later date, Cartwright said.
“The city and the township are working together to make this project go, so we are hoping Mr. Amedia will allow us to have the time,” she said.
The lawsuit filed by Amedia’s attorney this week claims that because all the property owners within the 18.83 acres signed the petition, the commissioners are obligated to approve the annexation provided the territory is fewer than 500 acres.
Ohio law requires commissioners to rule on petitions for annexation between 30 and 45 days after the petition is filed.
The lawsuit asks a judge to compel the commissioners to approve the annexation.
Canfield City Council passed a resolution in favor of the annexation June 21.
Canfield Township sent a resolution to the commissioners objecting to the annexation June 27.
At last week’s vote, Commissioner David Ditzler said he was leaning toward voting against the petition in part because he was concerned it may create an island.
The relevant statute forbids annexations that create an area of a township that would be completely surrounded by the annexed territory.
Cartwright said certain township homes on South Palmyra Road would be surrounded by the city of Canfield on three sides were the annexation to go through, which she said would create an island.
Commissioners declined to comment while the matter is under litigation.
A hearing before Magistrate Timothy G. Welsh is scheduled for 10 a.m. Tuesday.