The Gebhard Keny annexation case gets its day before the Ohio Supreme Court.

The high court judges determined last week that they will hear the controversial case, which is expected to impact development procedures state-wide.

Keny, owner of 281 acres in Granville Township, is attempting to annex his land into the City of Newark. Thus far, the annexation was denied by the Licking County Commissioners, the Licking County Court of Common Pleas, and the Fifth District Court of Appeals.

Most recently, the Fifth District Court of Appeals upheld the denial because judges believed subsequent development of the property, should it be annexed into Newark, would have a "detrimental" effect on the Granville school system.

If annexed, the land would remain in the Granville school district despite its Newark address. However, it would be subject to Newark zoning, which allows for significantly more dense development than that of Granville Township.

Fifth District judges felt that Granville Schools were not equipped to handle the potential number of students that could be generated by development of the land under Newark's zoning laws.

"The Ohio Supreme Court is not being arbitrary or unfair," said Jim Havens, chairman of the Granville Township Board of Trustees. The supreme court has the option of whether or not to hear a case presented before it. Havens, while "disappointed" that the court decided to hear the case and not let the Fifth District decision stand, is not surprised.

"This case has generated significant public interest," explained Havens. Until the appeals court decision, a request for annexation had never been denied because of potential negative effects on schools.

Havens also explained the hearing will not take place very soon. There is a 110-day period before township and Keny representatives can schedule oral arguments.

According to Havens, the clerk of the Fifth District Court has 20 days to transmit its information about the case to the Ohio Supreme Court. Keny and his attorney have 40 days afterward to file their briefs.

Township representations, in turn, have another 30 days to file. Keny representatives are then given 20 days to file a reply to the township's briefs.

Granville residents must continue to be patient concerning the outcome of last November's vote on the proposed merger between the Granville village and township. Ballots will remain impounded until after the supreme court has rendered its decision on the Keny case.

Keny representative Duke Thomas confirmed that should the Ohio Supreme Court decide to allow the annexation into Newark, and it is found that the merger was approved by voters, the Keny land will go to Newark and the remainder of the township will be merged with the village.

"We think the Licking County Commissioners made the right decision," stated Wanda Carter, an attorney representing Granville Township. She maintains that even though potential detrimental effects on the Granville schools have taken the spotlight in this case, in her opinion, other factors such as water and sewer and emergency services to the Keny property support the commissioners' decision.