STATE EX REL. HAMILTON v. CLINTON CTY. BD. OF ELECTIONS

No. 93-1538.

67 Ohio St.3d 556 (1993)

THE STATE EX REL. HAMILTON ET AL. v. CLINTON COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided September 14, 1993.

Opinion announced October 14, 1993.


Attorney(s) appearing for the Case

Crabbe, Brown, Jones, Potts & Schmidt, Larry H. James and Brian E. Hurley, for relators.

William E. Peelle, Clinton County Prosecuting Attorney, and Thayne D. Gray, Assistant Prosecuting Attorney, for respondents Board of Elections et al.

Michael C. Murray, for intervening respondent Florida Transfer & Freight, Inc.1


Per Curiam.

The issue presented in this case is: Did the board of elections abuse its discretion in rejecting relators' petition because of a misleading resolution summary? For the reasons that follow, we hold that the petition did not fairly and accurately summarize Resolution No. 93-400. Accordingly, we deny the writ of mandamus.

R.C. 303.12(H) requires that a petition for referendum on a county zoning resolution contain the name by which the resolution...

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