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STATE EX REL. v. BD. OF ELECTIONS

No. 2007-1732.

115 Ohio St.3d 437 (2007)

2007-Ohio-5379

THE STATE EX REL. CITIZEN ACTION FOR A LIVABLE MONTGOMERY v. HAMILTON COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Decided October 8, 2007.

Attorney(s) appearing for the Case

Webb & Pillich, L.L.C., and Constance M. Pillich, for relator.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and David T. Stevenson, Assistant Prosecuting Attorney, for respondent.

Donnellon, Donnellon & Miller and Terrence M. Donnellon, urging denial of the writ for amicus curiae city of Montgomery.

Langdon & Hartman, L.L.C., and David R. Langdon, urging denial of the writ for amicus curiae Residents for a Responsible Montgomery.

Per Curiam.

{¶ 1} This is an expedited election action for a writ of mandamus to compel a board of elections to include an ordinance proposed by initiative petition on the November 6, 2007 general election ballot. Because the board of elections abused its discretion in determining that the proposed ordinance constituted administrative action, we grant the writ.

{¶ 2...

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