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STATE EX REL. RACEWAY PARK, INC. v. ERIE CTY. BD. OF ELECTIONS

No. E-98-025.

134 Ohio App.3d 534 (1998)

The STATE ex rel. RACEWAY PARK, INC. et al. v. ERIE COUNTY BOARD OF ELECTIONS.

Court of Appeals of Ohio, Sixth District, Erie County.

Decided August 10, 1998.

Attorney(s) appearing for the Case

Jack M. Lenavitt and Joseph A. Battani, for relators.

Kevin J. Baxter, Erie County Prosecuting Attorney, and Gary A. Lickfelt, Assistant Prosecuting Attorney, for respondent.

SHERCK, Judge.

Relators, Raceway Park, Inc. and S & S Properties, seek a writ of prohibition barring respondent, Erie County Board of Elections, from placing on the November 1998 general election ballot a referendum on an off-track Sandusky, Ohio betting facility.

This original action was submitted to us on the following agreed statements of fact:

"[T]he parties * * * hereby submit the following...

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