City council’s meeting Tuesday attracted several residents to share their concerns with council on a wide range of issues. (Photo by Morgan Ahart)

SALEM — The legal battle surrounding the denied annexation of a .7917-acre Beechwood Road property will remain unsettled.

Commenting on Columbiana County Common Pleas Court Judge Megan Bickerton’s ruling to affirm the Columbiana County Commissioner’s denial of the proposed annexation in the Perry Township Board of Trustees meeting Monday, Trustee Jim Armeni said that he was happy with the ruling and that hopefully the city and township would be able to negotiate a better path forward for mutual growth.

“Obviously the township is pleased with the judge’s decision on the annexation. Hopefully this opens the door for more discussions, more serious discussions with the city on how we can come together and grow together like the township has done with the city for the last 60 or 70 years whether through zoning or utilities,” said Armeni. “Even though we are governed by two separate governments we are one community, and it always has worked, and you find common ground to make it work, so hopefully this can be the start of getting back to doing business in a more reasonable and customary manner.”

Trustee Tony Ieropoli, who has also been outspoken regarding the controversial annexation, reminded residents to contact the trustees if they are considering or are approached regarding annexing property into the city.

“I would like to say to our residents and business owners, if you are approached by the city or anyone else about annexation, you do not have to sign anything on the spot. Instead, we would appreciate it if you would come and see us first so we can help answer any questions you might have and also so we’re aware of the situation and if there are any legal questions, we can ask our attorney about them,” said Ieropoli.

Hopes that Bickerton’s ruling would lay the matter to rest proved to be short lived however, as the city council voted Tuesday to appeal the Columbiana County Court of Common Pleas’ ruling to the Ohio Seventh District Court of Appeals.

The decision came in a split 5-2 vote following a roughly 15-minute executive session for the discussion of legal matters, the fourth consecutive executive session of the evening, which was preceded by two executive sessions for the discussion of personnel matters and one for the discussion of a separate legal matter. The vote followed an identical split to that of city council’s previous vote to appeal the commissioner’s decision to the court of common pleas in its Nov. 11 meeting, with Councilmembers Jeff Stockman and Jayne Bricker again offering the dissenting votes. However, prior to placing his yes vote, Councilman Andrew Null asked City Law Director Brooke Zellers what his legal opinion of the potential case was and Zellers said that he strongly recommended filing the appeal and that he felt the issues raised by the city were significant and had not been addressed during the initial appeal.

“Our legal counsel doesn’t believe the court addressed any of our legal arguments that were set out in our brief,” said Zellers when asked why he recommended appealing the decision.

Both Zellers and Mayor Cyndi Baronzzi Dickey declined to offer any further comments on the decision.

Bricker said that she voted against the appeal as she felt the matter had already been pursued further than was reasonable. Stockman also said that he felt the matter did not need to be continued.

“I do not feel it necessary to pursue this any further, I feel it needs to be put to rest,” said Stockman.

The dispute between the city and Perry Township surrounding the property began in April of 2023 when Sean and Laurie Butcher were notified by the city that they had to seek annexation or have their water and sewer service cut off in accordance with a deed restriction mandating they annex into the city should their property ever become contiguous with the city in exchange for receiving city water and sewer stemming back to when the properties were originally developed. Had the Butchers’ petition for annexation, which they testified to the commissioners was filed under duress, not been denied by the commissioners on Oct. 23, 2024, three more properties with similar restrictions would also have become contiguous, beginning a chain reaction which would cause 33 properties in stages to eventually become contiguous and likewise be forced to annex.

The city argues that Butchers’ property became contiguous following the completion of a 29.54-acre property into the city industrial park over a year ago. However, Perry Township officials contend that the property is not actually contiguous to the city, and is therefore legally un-annexable, and has obtained two legal opinions — one from the county prosecutor’s office and one from Wayne Boyer, an attorney with Canton-based law firm KWGD — that both state the two properties are separated by the northern half of Beechwood Road.

When the commissioners denied the petition, they did so under the grounds that the property was not sufficiently contiguous and that the annexation would not serve the general good of the territory. In her ruling affirming the commissioner’s decision, Bickerton also cited the lack of contiguity between the properties and agreed with the commissioners’ findings that the general good of the territory would not be served by the annexation which could create issues with street maintenance.

The council meeting concluded with a fifth executive session for the discussion of personnel matters with no action to follow.

The city council canceled its next regular meeting on June 17 and will meet next at 7 p.m. July 1.

mahart@mojonews.com