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Munson v. Wagonseller

From the Offices of: Courts/Supreme Court

Author: Gabriel C. Ison
Date Written: 2023-06-17 13:16:59
Date Published: 2023-06-17 13:59:13

Case Defendant: Wagonseller
Case Plantiff: Munson
Case Type: General

In the case of Munson v. Wagonseller, the Ohio Supreme Court ruled in favor of Munson county due to the fact that under Section 307.09 of the Ohio Revised Code a county is prohibited from selling assets or buildings that are meant for public use. Additionally, under 301.22 a county may not be sued unless they have declared charter or alternative form of government. Counties as an administrative body exist under the approval and derive their authority from the State Constitution. Also, under 301.01 of the ORC, the creation of a new county seat requires a petition from the members of the county. It can be assumed that this would extend to the annexation of counties within Buckeye Boys Stat. Finally, Munson County has had no publicly published or declared charter or alternative form of government. Due to this, this trial should not have taken place due to the inability of any non-chartered county to be involved in a civil suit. Therefore, subsection 2.3 (b) of the contract is rendered void and therefore unenforceable and Munson County will retain control of all of its property, assets, and money.