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STATE EX REL. ASCANI v. STARK CTY. BD. OF ELECTIONS

No. 98-1914.

83 Ohio St.3d 490 (1998)

THE STATE EX REL. ASCANI ET AL. v. STARK COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Harry J. Lehman, J. Kevin Cogan and Kirsten K Davis; Brunner & Brunner Co., L.P.A., Jennifer L. Brunner and Edwin L. Kirby, Jr., for relator Thomas A. Ascani, Jr.

Thomas M. Bernabei, Canton Law Director, Kathleen O. Tatarsky and Robert G. Rubin, Assistant Law Directors, for intervening relator, city of Canton.

Robert D. Horowitz, Stark County Prosecuting Attorney, David M. Bridenstine, Scott R. Peipho and David A. Thorley, Assistant Prosecuting Attorneys, for respondents Stark County Board of Elections and its members.

Betty D. Montgomery, Attorney General, Arthur Marziale, Jr. and Jeffrey B. Hartranft, Assistant Attorneys General, for respondent Secretary of State and intervening respondent Attorney General.

Per Curiam.

Relators assert that they are entitled to writs of prohibition and mandamus to prevent the November 3 election on the off-track-betting issue. The Secretary of State counters that relators' claims are barred by laches. For the following reasons, we concur with the Secretary of State and deny the writs based on laches.

"The elements of laches are (1) unreasonable delay or lapse of time in asserting a right, (2) absence of an...

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