Opinion

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

  • 34 Ohio St. 2d 259
  • 63 Ohio Op. 2d 396
  • 298 N.E.2d 134
  • 1973 Ohio LEXIS 380
Court
Ohio Supreme Court
Filed
Jun 20, 1973
Status
Published
On the bench
Bbown, Celebeezze, Cobbigan, Hebbebt, Nemo, Steen
Cited by
1 cases
Authority
More cited than 54.6%

The opinion

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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