POTTER, J.
Thirty of thirty-four owners of 894.5 acres located in Mad River Township filed a petition with the Board of County Commissioners of Montgomery County to annex to the city of Dayton. On November 20, 1973, the Board of County Commissioners denied the requested annexation. Mr. John Kucharski, a petitioner for annexation, appealed to the Montgomery County Court of Common Pleas pursuant to R. C. 307.56.
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