The City of Salem’s bid to annex a property into its jurisdiction was thwarted by the Columbiana County Court of Common Pleas, a decision that was upheld by the Ohio Court of Appeals. The case, filed by the City of Salem on November 20, 2024, against the Columbiana County Board of Commissioners and Perry Township, centered around whether a section of Beechwood Road prevented the Butcher family’s property from being contiguous to Salem, thus barring annexation.
The legal saga began when Laurie and Sean Butcher sought to annex their property at 1202 Beechwood Road into Salem. Their deed included a restriction requiring them to annex into the city if allowed by law. This move came after LLN Holdings’ nearby property was annexed into Salem in February 2023. However, the northern portion of Beechwood Road remained under Perry Township’s ownership, creating a barrier between the Butcher property and Salem. The Board denied the petition for annexation on October 23, 2024, leading to an appeal by Salem.
Salem argued that including both their property and part of Beechwood Road in their petition made it contiguous with city limits. They also contended that annexation would serve the general good by allowing city growth and providing water and sewer services already enjoyed by residents. However, opposition from Perry Township and neighboring residents highlighted concerns about road maintenance issues and potential confusion over emergency services due to jurisdictional boundaries.
Residents feared a “domino effect” where more properties would be forced into annexation against their will. Testimonies revealed concerns about slower emergency response times if they were served by more distant Salem departments instead of closer township services. Additionally, neighbors worried about road maintenance problems since only a small section of Beechwood Road would fall under Salem’s jurisdiction if annexed.
Ultimately, the court found that because Perry Township owned part of Beechwood Road separating the Butcher property from Salem, it was not contiguous with city limits as required for annexation under Ohio law. The court also determined that potential detriments outweighed any benefits from annexation due to jurisdictional confusion over road maintenance and emergency services.
Representing the City of Salem were Attorneys Stephen W. Funk from Roetzel & Andress LPA and C. Brooke Zellers as Law Director; Alfred E. Schrader represented the defendants from Roderick Linton Belfance LLP. Judges Cheryl L. Waite, Carol Ann Robb, and Mark A. Hanni presided over Case No. 25 CO 0017.
Source: 2026Ohio579_City_of_Salem_v_Columbiana_County_Board_of_Commissioners_Opinion_Ohio_Court_of_Appeals.pdf