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STATE EX REL. CROSSMAN COMMUNITIES OF OHIO, INC. v. GREENE CTY. BD. OF ELECTIONS

No. 99-1605.

87 Ohio St.3d 132 (1999)

THE STATE EX REL. CROSSMAN COMMUNITIES OF OHIO, INC. ET AL. v. GREENE COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided October 5, 1999.

Attorney(s) appearing for the Case

O'Diam, McNamee & Hill Co., L.P.A., Michael P. McNamee and David M. McNamee, for relator Crossman Communities of Ohio, Inc.

Roger E. Bloomfield, for relators Bank One Trust Company, N.A. and Robert A. Herbruck, Cotrustees, and Robert A. Herbruck, Trustee.

William F. Schenk, Greene County Prosecuting Attorney, Stephen K. Haller and Suzanne M. Schmidt, Assistant Prosecuting Attorneys, for respondent Greene County Board of Elections.

Dwight D. Brannon & Associates, Dwight D. Brannon and Kevin A. Bowman, for intervening respondents.

Per Curiam.

We initially reject intervening respondents' contention that this expedited election case should be dismissed for want of prosecution because relators did not file their evidence and brief within the time specified by S.Ct.Prac.R. X(9). Relators entered into a limited stipulated extension with respondent board pursuant to S.Ct.Prac.R. XIV(3)(B)(2)(a) and X(8), which extended their time to September 13 to file their evidence and brief...

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