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GOLDSBERRY v. ATHENS CTY. BD. OF ELECTIONS

No. 99CI000280.

105 Ohio Misc.2d 6 (2000)

GOLDSBERRY et al. v. ATHENS COUNTY BOARD OF ELECTIONS et al.

Court of Common Pleas of Ohio, Athens County.

Decided March 28, 2000.

Attorney(s) appearing for the Case

Herman A. Carson, for plaintiffs.

William R. Biddlestone, Athens County Prosecuting Attorney, and Michael A. Prisley, Assistant Prosecuting Attorney, for Athens County Board of Elections et al.

Betty D. Montgomery, Attorney General, and Arthur Marziale, Jr., and David S. Timms, Assistant Attorneys General, for Ohio Secretary of State.

MICHAEL WARD, Judge.

In November 1997, the voters of Athens City Ward 3, Precinct 6, defeated a local option for the sale of beer for off-premises consumption. R.C. 4305.14(E), as in effect at the time, provided that if a majority no vote had been cast, "no subsequent election shall be held in the precinct or residence district under this section on the same question for a period of at least two years from the date of the most recent election." Am.Sub.H.B. No. 402...

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