STATE EX REL. WATERLOO BROWN DERBY RESTAURANT v. SUMMIT COUNTY BD. OF ELECTIONS

Nos. 72-838, 72-844 and 72-845.

34 Ohio St. 2d 259 (1973)

THE STATE, EX REL. WATERLOO BROWN DERBY RESTAURANT, APPELLANT, v. SUMMIT COUNTY BOARD OF ELECTIONS, APPELLEE. THE STATE, EX REL. RED PEPPER STEAK HOUSE, APPELLANT, v. SUMMIT COUNTY BOARD OF ELECTIONS, APPELLEE. THE STATE, EX REL. NORTON BROWN DERBY RESTAURANT, APPELLANT, v. SUMMIT COUNTY BOARD OF ELECTIONS, APPELLEE.

Supreme Court of Ohio.

Decided June 20, 1973.


Attorney(s) appearing for the Case

Messrs. Miller & Stillman, for appellants.

Mr. Stephan M. Gabalac, prosecuting attorney, and Mr. William E. Schultz, for appellee.


Per Curiam.

The word "district," as used in R. C. 4301.37, must be held to include all precincts making up any residence district in which a local option election has been held pursuant to petitions filed in compliance with R. C. 4301.33 so as to prevent the holding of another such election more often than once in each four-year period in any part of that district.

To hold otherwise would be to grant petitioners the opportunity to achieve election results...

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