Supreme Court Judges Examine 'Good of Territory' Issue in Keny Case
By Scott Rawdon
What is exactly meant by "the good of the territory," anyway? This was the question posed before the Ohio Supreme Court by attorneys representing Granville landowner Gebhard Keny and Granville Township.
The court will decide if the Licking County Fifth District Court of Appeals overstepped its authority when it denied Keny the ability to annex 281 acres of Granville Township land to the city of Newark.
Attorney Wanda Carter, representing Granville Township, said it could be "months' until a decision is rendered.
Should the land be annexed into Newark, it would remain in the Granville School System. Any residential development there would fall under Newark's zoning (which allows for many more new houses than under Granville Township's zoning).
However, those who purchase the houses would send their children to Granville schools. The appeals court denied Keny's annexation stating that Granville's schools wouldn't be able to handle the influx of new students living in the over four-hundred homes or more that might be built on Keny's land.
Attorneys representing Keny were challenging the appeals court's decision before the Supreme Court.
"The legislature said future residents of the land couldn't go to Newark schools. Why should that stifle Keny?" asked attorney Duke Thomas, representing Keny.
"This is a tiny school district in danger of bringing in a very large number of students," stated Carter, on behalf of Granville Township.
"Doesn't it come down to the property owner?" asked Ohio Supreme Court Judge Andrew Douglas.
"Annexations are about the future," Carter insisted. She worked to convince the court that "the good of the territory" should apply to those who would be living on the land once it's developed, not solely to the landowner.
Thomas stated that under township zoning, the 281 acres would remain "farmland" unless it was annexed to Newark.
"There is very clear evidence that Granville can service the area adequately if it remains in the township," said Carter.
"Could there be a scenario where municipalities divide up the schools?" asked Judge Deborah Cook.
"I don't see how, your honor," replied Thomas. "What's good for the territory isn't always what's best; it's what's fair."
Judge Alice Robie Resnick mentioned she was worried that only the appellate court denied annexation because of the potentially adverse effects on the Granville School District. The Licking County Common Pleas Court and the County Commissioners both denied annexation as well, but for other reasons.
"I think the [appellate] court acted absolutely correctly," responded Carter. "They were looking at the overall good of the territory."
After the court session Granville Township Trustee Chairman James Havens commented, "From the questions the judges asked, it was apparent they understood the issues. It's inappropriate to read into the judges' comments. They often have predisposed ideas and the oral arguments will not change their minds. "[Carter] did an excellent job," he added.