STATE EX REL. COMMITTEE FOR CHARTER AMENDMENT PETITION v. CITY OF AVON

No. 98-519.

81 Ohio St.3d 590 (1998)

THE STATE EX REL. COMMITTEE FOR THE CHARTER AMENDMENT PETITION—VOTER APPROVAL FOR COMMERCIAL REZONING, SUPERSTORES, AND SHOPPING CENTERS, ORDINANCE No. 67-98, ET AL. v. CITY OF AVON ET AL.

Supreme Court of Ohio.

Opinion announced April 16, 1998.


Attorney(s) appearing for the Case

Phillips & Co., L.P.A., and Gerald W. Phillips; John P. Fox Co., L.P.A., and John P. Fox, for relators.

Daniel P. Stringer, Avon Law Director, for respondents.


Per Curiam.

Relators assert that they are entitled to a writ of mandamus to compel respondents to place the proposed charter amendment on the May 5 rather than the June 9 election ballot. Relators claim that the city council had the duty under the Ohio Constitution to enact an enabling ordinance by March 6, 1998, i.e., the sixtieth day before the scheduled May 5 election, in order to place the proposed charter amendment on the May 5 ballot...

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