Ohio Supreme Court, 1973

State ex rel. Waterloo Brown Derby Restaurant v. Summit County Board of Elections

Ohio Supreme Court · Decided June 20, 1973 · Bbown, Celebeezze, Cobbigan, Hebbebt, Nemo, Steen

34 Ohio St. 2d 259; 63 Ohio Op. 2d 396; 298 N.E.2d 134; 1973 Ohio LEXIS 380

Cases that cite this one

1 later published case cites this decision.

Keffalas, Inc. v. Liquor Control Commission (Richland County Court of Common Pleas 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The word “district,” as used in B. C. 4301.37, must be held to include all precincts making up any residence district in which a local option election has been held pursuant to petitions filed in compliance with B. C. 4301.33 so as to prevent the holding of another such election more often than once in each four-year period in any part of that district.

To hold otherwise would be to grant petitioners the opportunity to achieve election results favorable to their views by a continuous juggling of precincts under a claim that new districts are created, and thus defeat the apparent intent of the General Assembly to achieve some stability in such matters.

The judgments of the Court of Appeals are affirmed.

Judgments affirmed.

O ’Nemo, C. J., Hebbebt, Steen, Celebeezze, W. Bbown and P. Bbown, JJ., concur. Cobbigan, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.