STATE EX REL. TAXPAYERS FOR WESTERVILLE SCHOOLS v. FRANKLIN CTY. BD. OF ELECTIONS

No. 2012-1518.

133 Ohio St.3d 153 (2012)

2012-Ohio-4267

THE STATE EX REL. TAXPAYERS FOR WESTERVILLE SCHOOLS ET AL. v. FRANKLIN COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided September 20, 2012.


Attorney(s) appearing for the Case

1851 Center for Constitutional Law and Maurice A. Thompson , for relators.

Ronald J. O'Brien , Franklin County Prosecuting Attorney, and Nick A. Soulas Jr. and Harold J. Anderson III , Assistant Prosecuting Attorneys, for respondent Franklin County Board of Elections.

Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., Michael L. Close , and Dale D. Cook , for respondent Eugene Hollins.

Bricker & Eckler, L.L.P., Anne Marie Sferra , Maria J. Armstrong , and Jennifer A. Flint , for respondent Westerville City School District Board of Education.

James C. Becker , urging granting of the writ for amicus curiae Coalition Opposed to Additional Spending and Taxation.

Ulmer & Berne, L.L.P., and Donald J. Mooney Jr. , urging denial of the writ for amici curiae Ohio School Boards Association, Ohio Association of School Business Officials, and Buckeye Association of School Administrators.


Per Curiam.

{¶ 1} This is an expedited election case in which relators request a writ of mandamus to compel respondent Franklin County Board of Elections to submit a levy-decrease question to the electorate at the November 6, 2012 general election. Because relators, Taxpayers for Westerville Schools and the committee members representing the petitioners supporting the issue, have not established their entitlement to the requested extraordinary...

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