STATE EX REL. LIMITED, INC. v. FRANKLIN CTY. BD. OF ELECTIONS

No. 93-587.

66 Ohio St.3d 524 (1993)

THE STATE EX REL. THE LIMITED, INC. ET AL. v. FRANKLIN COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Decided April 14, 1993.

Opinion announced June 23, 1993.


Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, David J. Young and C. Craig Woods; Smith & Hale, Harrison W. Smith, Jr. and Ben W. Hale, Jr., for relator The Limited, Inc.

Lucas, Prendergast, Albright, Gibson & Newman and Robert E. Albright, for relators Tuttle Road Ltd. Partnership et al.

Michael Miller, Franklin County Prosecuting Attorney, and Harland H. Hale, Assistant Prosecuting Attorney, for respondent Franklin County Board of Elections.

Wright & Logan Co., L.P.A., and J. Anthony Logan; and John J. Duffey, Sr., for intervenors Saddlebrook Civic Association, Terri L. Gregor, Sandy Fiehrer, Ballymead Civic Association, Robert Hess, Todd James Zimmerman, and Families Against Forced Zoning.

Lee I. Fisher, Attorney General, Andrew I. Sutter and Robert A. Zimmerman, Assistant Attorneys General, for intervenor Bob Taft, Secretary of State.

Aristotle R. Matsa, for amici curiae Designated Committee for the Filing of the Petition for Referendum of Columbus City Council Ordinance No. 2565-92, Shannon Heights Kilbannon Kildaire Civic Association, et al.


This cause came on to be heard by the court on the complaint of the relators; the answer of the respondent; the agreed statement of facts and stipulation of exhibits by the parties; the transcript of proceedings; the briefs of the parties and intervenors Saddlebrook et al.; and the motions to file pleadings and briefs by intervenor Secretary of State and amici curiae, which are, sua sponte, granted.

The court finds:

1. That the Fourth Defense...

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