Bd. of Cty. Commrs. of Athens Cty. v. Goldsberry

In Bd. of Cty. Commrs. of Athens Cty. v. Goldsberry, Athens App. No. 05CA18, 2005 Ohio 4705, the Court held that "if the court finds the appellant properly perfected the appeal and the proceedings are 'substantially regular,' it will schedule the matter for a jury trial." Id., citing R.C. 5563.05. The trial court proceeded to revisit the "substantially regular" issue. It found that the Board's proceedings were "irregular" because the Board did not hold a compensation and damages hearing. The court then dismissed the appeal without prejudice and remanded the cause to the Board for further proceedings consistent with its judgment. The Board appeals the trial court's decision and asserts one assignment of error: "The Trial Court erred when it dismissed the consolidated road appeals, found irregularity and ordered the Board of Commissioners to hold hearings on compensation and damages."