THE STATE EX REL. CITY OF UPPER ARLINGTON ET AL.
v.
FRANKLIN COUNTY BOARD OF ELECTIONS ET AL.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted September 29, 2008.
Decided October 2, 2008.
Attorney(s) appearing for the Case
Jeanine A. Hummer and Thomas A. Lindsey; and The McTigue Law Group, Donald J. McTigue, and Mark A. McGinnis, for relator city of Upper Arlington.
The McTigue Law Group, Donald J. McTigue, and Mark A. McGinnis, for relators Margaret Concilla and David A. Varda.
Ron O'Brien, Franklin County Prosecuting Attorney, and Patrick J. Piccininni and Anthony E. Palmer Jr., Assistant Prosecuting Attorneys, for respondent Franklin County Board of Elections.
James C. Becker, for intervening respondent Michael A. Schadek.
Schottenstein, Zox & Dunn Co., L.P.A., Stephen L. Byron, Rebecca K. Schaltenbrand, and Stephen J. Smith; and John Gotherman, urging granting of the writ for amicus curiae Ohio Municipal League.
Harris & Mazza and Robert H. Willard, urging denial of the writ for amici curiae Germaine Hirsch, William D. Kloss Sr., Robert H. Maynard, Daniel McCormick, Melanie F. Myers, John E. Ross, and Beverlee A. Tague.
Supreme Court of Ohio.
Per Curiam.
{¶ 1} This is an expedited election action for a writ of prohibition to prevent the board of elections from placing an ordinance proposed by an initiative petition on the November 4, 2008 election ballot. In the alternative, relators initially requested a writ of mandamus to compel the board of elections to decide a protest against the petition filed by two of the three relators, but upon the board's subsequent denial of...
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