MIDDLETOWN v. FERGUSON

No. 85-996.

25 Ohio St. 3d 71 (1986)

CITY OF MIDDLETOWN, APPELLEE, v. FERGUSON, AUDITOR, ET AL.; STICKLEN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 23, 1986.


Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, John R. Gall, C. Craig Woods; and Sheldon A. Strand, law director, for appellee.

Carl Morgenstern Co., L.P.A., Carl Morgenstern and Roger S. Gates, for appellants.


Per Curiam.

In this case the elected representatives of the citizens of Middletown, the city commissioners, carefully conceived a plan to widen and improve Manchester Road. The commissioners diligently and openly passed all necessary legislation to carry their plan to completion. Unfortunately, a significant number of citizens were opposed to the road improvement project. These citizens sought to halt the project by using their reserved initiative power. In...

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