STATE, EX REL. TESTER v. BOARD

No. 37581.

174 Ohio St. 15 (1962)

THE STATE, EX REL. TESTER ET AL., APPELLEES, v. BOARD OF ELECTIONS OF OTTAWA COUNTY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 24, 1962.


Attorney(s) appearing for the Case

Messrs. Boxwell, Bebout, Torbet & Potter, for appellees.

Mr. Leslie E. Meyer, prosecuting attorney, for appellants.


TAFT, J.

The question to be determined is whether a village council can prevent the village electorate from voting to approve or reject an ordinance, which was not passed as an emergency ordinance and on which a valid referendum petition has been duly filed, by passing at one session after the filing of the referendum petition two consecutive emergency ordinances, one to repeal the ordinance under referendum and the other to re-enact substantially the same ordinance...

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