Ohio Code 6133.11 – Appeal when joint board unable to agree
(A) If a joint board of county commissioners approves a proposed joint drainage improvement but, at the final hearing for the improvement, is unable to agree on the amount to be assessed to an affected county for improvements conducive to the public welfare, or of benefit to public highways or land owned by an affected county, the joint board shall by resolution state that the joint board is not able to agree on the assessments.
Terms Used In Ohio Code 6133.11
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bond: includes an undertaking. See Ohio Code 1.02
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- state: means the state of Ohio. See Ohio Code 1.59
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1) Upon the adoption of the resolution, the question shall be appealed to the court of common pleas as is provided in sections 6133.02 to 6133.11 of the Revised Code.
(2) No bond on appeal need be filed and the resolution of the joint board shall be deemed the statement on appeal.
(3) The clerk of the joint board shall perfect the appeal by filing a transcript of the resolution and the record of proceedings for the joint improvement.
(B) The court shall hear an appeal under this section the same as other appeals under sections 6133.02 to 6133.11 of the Revised Code and make such order as to costs as is equitable.