The village submitted a petition to the board on January 17th to annex a portion of County Road 102, also known as Fort Laurens Road.
Commissioner Belle Everett says the petition was denied because it was discovered the property owners in that area own to the middle of the road.
Everett says she feels there may have been a breakdown in communication.
In a related case cited by Tuscarawas County Assistant Prosecuting Attorney Robert Stephenson in a letter to the commissioners, the Ohio Supreme Court ruled that landowners who own property over which a roadway easement exists are owners of the roadway property and have to grant approval for an annexation.
Everett says had the petitioners known about that precedent, they could have proceeded differently.
Cited as a precedent in this matter was the 2010 Ohio Supreme Court case Butler Township Board of Trustees v. Montgomery County Board of County Commissioners.
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