Colt's Neck Homeowners Assn. v. Franklin Cty. Bd. of Commrs.

Summary

The Supreme Court of Ohio affirmed the Tenth District, holding that R.C. 6133.10(A) required a two-judge panel—one judge from each affected county—to hear Colt's Neck's appeal from the joint board's post-first-hearing order because the appeal did not involve claims for compensation or damages. It held that R.C. 6131.25(A) permits any affected owner to appeal 'any' order of a joint board, including an order directing the engineer to proceed after the first hearing, and that Colt's Neck was an affected owner with standing because it alleged violation of its procedural rights at that hearing. The court also clarified that the jurisdictional-priority rule concerns a court's exercise of jurisdiction, so violations render judgments voidable and forfeitable, and that pending legislative clarification an affected landowner may file such an appeal in any county where the improvement will occur. No separate opinions were filed.