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SMITH v. SCIOTO CTY. BD. ELECTIONS

No. 2009-0900.

123 Ohio St.3d 467 (2009)

2009-Ohio-5866

SMITH et al., Appellees, v. SCIOTO COUNTY BOARD OF ELECTIONS; ESSMAN, Appellant.

Supreme Court of Ohio.

Decided November 12, 2009.

Attorney(s) appearing for the Case

Larry C. Essman, pro se.

Rodeheffer & Miller, Ltd., and Stephen C. Rodeheffer; and George L. Davis III Co., L.L.C., George L. Davis III, and George L. Davis IV, for appellees.

Per Curiam.

{¶ 1} This is an appeal from a judgment granting a contest and setting aside the result of a February 3, 2009 special election on a proposed amendment to the charter of the city of Portsmouth, Ohio. Because the challenge to the proposed amendment raised in the election contest was not instituted with the requisite diligence and should have been raised before the election, laches...

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