Commissioners reject motion to rescind annexation decision after developers and residents press reversal

Developers and residents returned to the commissioners Aug. 28 to press for reconsideration of a Type 2 annexation the board denied earlier in the week. Rich Beran, representing builders and developers, said the applicant had met the seven statutory checklist items and that negotiating a TIFF agreement was not part of the type-2 annexation approval process. Gerald Phillips of Avon Lake told commissioners they had no discretion on a Type 2 annexation and cited the county prosecutor's opinion that the paperwork complied with statute.

Commissioner Jeff Riddell moved to rescind the Tuesday vote; Commissioner Marty Gallagher seconded. Commissioners debated whether map and parcel questions and roadway maintenance should delay approval; some commissioners argued the matter belongs before a judge. On roll call the result was Aye: Riddell; Present: Gallagher; Nay: Moore, and the motion failed. Speakers warned that the decision could lead to litigation, including a writ of mandamus, and asked the prosecutor to pursue collection or other remedies if obligations tied to the matter are not met.