To the editor:

It is highly ridiculous that Salem City Council, strongly led by Law Director Brooke Zellers and Mayor Cindi Dickey is going with yet another scheme attempt to gain township property –and this time against Judge Megan Bickerton’s accurate ruling and the accurate finding by Commissioner Michael Halleck based on the recordation of legal documents in the Columbiana County Courthouse. Perhaps the Salem city officials and their planing officer need a continuing educational course in document searching.

In 1965 I was hired by the Salem City Municipal Engineer in the capacity of engineering assistant-housing officer-planning director and zoning officer lasting for the next 30 years. I also taught Planning and Zoning at Kent State University. Visited by zoning boards and commissions from other townships and township trustees, I would explain how things happened and elaborated in detail the reasons behind it. I gave advice to people involved.

Here’s why Zellers thinking is moot and I’ll explain in detail to you:

On December 4th, 1976, Bruce R. Herron Inc. purchased the Margaret L. Wagmiller farm situated between Goshen Road and Beechwood Road and Allen Road, and recorded in Volume 1431, page 513 of the Columbiana County Record of Deeds. And that’s where this all starts.

Countryside Estates Plat #1 was the first of five plats developed on that old farmland and it started with lot #1 along the North side of Beechwood Road –across from the gully, and the lots continued Westerly to and including lot #31 on Allen Road. I have a copy of that Plat #1 and here are all the dates and their entries in the appropriate Columbiana County Courthouse Records plus verification by other authorities which I will include.

The beginning attestment for this Plat #1 reads as follows:

“We, Bruce R. Herron Inc, Owners of the lands indicated on this plat do hereby manifest our approval of the subdivision and dedicate the land and open spaces as shown hereon to the public forever. We further certify that the plat is a subdivision of part of the lands conveyed by Margaret L. Wagmiller to Bruce R. Herron Inc by deed dated December 4th, 1976 and recorded in Volume 1431, page 513 of the Columbiana County Record of Deeds and that all monuments as required by subdivision regulations will be placed.

Witnessed by our (my) hand(s) this 10th day of May, 1978

Owners: Bruce R. Herron, President, Donna J. Hollingsworth, Secretary

Witnesses: Michael M. Eckstein, C.J.Royer

Michael M. Eckstein was the Notary Public for the above on the same date 10th day of May 1978….and was sealed.

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The plat was approved by the Salem City Planning Commission on the 8th day of May, 1978 signed by and sealed Peter F. Schwab (commissioner) Larry D. Muntz (Chairman) S.J. Navoyosky (Planning Director –the writer of this letter to you, the editor)

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Approved by the Board of Health this 11th day of May 1978

Inspector: Thomas A. Schneidmiller

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Approved by the Columbiana County Commissioners

Robert L. Curran Bert H. Dailey John Ursu

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Entered for Transfer May11th, 1978

Kenneth Bell, Columbiana County Auditor

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Received for Record May 11th, 1978  10:42 a.m.

Volume 11, page 60 in the Columbiana County Record of Plats $43.45 125637

Ferguson Kind, Columbiana County Recorder

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The Registered Surveyor for this Plat #1 was

Allen K. Frantz #5115

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You heard the attestment by the original plat owners (Herron) that all streets and open spaces (shown) were dedicated to the public forever. Not only stated in this attestment but also in the lucid drawing reflecting where this pertained—its beginning and ending, and that being the Northern portion of Beechwood Road from and including Lot#1 to and including lot#31 ending on Allen Road.

The Butchers have no proprietary interest in that strip of land in front of their property nor do ANY of the other 30 lots in Plat #1 which includes Allen Road. This dedication of the rights-of-way 47 years ago clearly makes the Salem City claim upon the Butchers, lame and moot and invalid as there is no connection with Salem City land. Even the Santee Beechwood Road Plat found elsewhere reveals this sameness, among other various and sundry issues of interest.

Recapitulation: The street was dedicated to the Public in 1978 and has been a continuous public adverse possession for 47 years therefore making Salem’s annex seize attempt invalid.

Salem City Council annex attempt ordinance was in 1984 (7 years after the street dedication)

The Butchers built their home on lot #4 in 2004 (26 years after the street dedication).

BTW, that 1984 Salem City ordinance to include their “so-called” deed restriction is not legal because it does not conform to Ohio law governing annexations nor conform to the reasoning of a deed restriction which …”it is not restricting anything.” Deed holders with this typed into their deed should visit their attorney and have them court petition removal of that language from their deed…for it is not valid deed law.

So how did this so-called “contiguous’ line happen on the maps, you ask? Very simple and any Ohio Registered Surveyor can tell you that it was an original farm property line eventually used as an access road and perhaps a township section line of some nature. So be aware: “All men see the same things, but not all men understand what they see.”

Stephen Navoyosky,

Salem