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STATE EX REL. ZONDERS v. DELAWARE CTY. BD. OF ELECTIONS

No. 94-347.

69 Ohio St.3d 5 (1994)

THE STATE EX REL. ZONDERS ET AL. v. DELAWARE COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Robert K. Lang, for relators.

W. Duncan Whitney, Delaware County Prosecuting Attorney, and David M. Gormley, Assistant Prosecuting Attorney, for respondents Delaware County Board of Elections and its members.

Lucas, Prendergast, Albright, Gibson & Newman and Robert E. Albright, for intervening respondent Donald R. Kenney.

Per Curiam.

Relators contend that the board of elections erred in its determination that the township trustees' approval of the application to rezone the property was not referendable pursuant to R.C. 519.021 because (1) the proposed development is not a planned-unit development ("PUD"), since it does not integrate a mixture of uses as required by R.C. 519.021, (2) R.C. 519.021 does not preclude a referendum with respect to rezoning of the land, (3) Section...

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