State ex rel. Schultz v. Cuyahoga County Board of Elections

Ohio Supreme Court December 15, 1976

State ex rel. Schultz v. Cuyahoga County Board of Elections, 48 Ohio St. 2d 173 (Ohio 1976)

357 N.E.2d 1079; 2 Ohio Op. 3d 372; 1976 Ohio LEXIS 729

Brown, Celebrezze, Corrigan, Herbert, Neníl, Stephenson, Stern

Opinion of the Court

Per Curiam.

The referendum petition submitted by relators does not indicate anywhere that one of the paragraphs included in the title of the resolution, to be voted on was- hot adopted by the Olmsted Township Board of Trustees. It is apparent, therefore, that the: referendum petition does not fairly and accurately present the issues sought to be submitted to the electorate. Markus v. Bd. of Elections (1970), 22 Ohio St. 2d 197.

...Accordingly, the judgment of the .Court of Appeals, denying the writ of mandamus, is affirmed.

Judgment affirmed.

O’NEnÍL, C. J., HERBERT, CORRIGAN, STERN, .CELEBREZZE, Stephenson and P. Brown, JJ., concur.

Stephenson, J.,' of the Fourth Appellate District, fitting for IV. Brown, j. ■ . . • ‘i • ■

Reference

Full Case Name: The State, ex rel. Schultz v. Cuyahoga County Board of Elections
Cited By: 8 cases
Status: Published