Ohio Supreme Court, 1995

State ex rel. Ricchiuto v. Reagan

Ohio Supreme Court · Decided October 3, 1995 · Brief, Cook, Douglas, Grant, Holds, Issue, Merger, Moyer, Pfeifer, Resnick, Sweeney, Until, Wright, Writ

74 Ohio St. 3d 11; 655 N.E.2d 1298; 1995 Ohio LEXIS 1937

Cases that cite this one

3 later published cases cite this decision.

State ex rel. Huebner v. W. Jefferson Village Council (Ohio 1996)
State ex rel. Huebner v. West Jefferson Village Council (Ohio 1995)
State ex rel. Ricchiuto v. Reagan (Ohio 1996)

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

On motion for summary judgment, motion to amend complaint, and renewed request for oral argument. Sua sponte, writ denied.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Moyer, C.J., and Cook, J., dissent and would grant the writ. Wright, J., holds his vote until the parties brief the issue of merger.

Dissenting Opinion

Moyer, C.J.,

dissenting. I dissent from the decision of the majority for the reasons stated in my dissent in State ex rel. Huebner v. W. Jefferson Village Council (1995), 72 Ohio St.3d 589, 593, 651 N.E.2d 1001, 1004. Both Sections 9 and 14, Article XVIII, Ohio Constitution, are clearly written to facilitate the right of citizens to vote on amendments to city and village charters. Our decision in Huebner is wrong; it should be reconsidered and overruled, and the citizens of Hudson Village should be permitted to vote on the proposed charter amendments.

I would grant the writ of mandamus.

Cook, J., concurs in the foregoing dissenting opinion.

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