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

> Ohio Supreme Court · June 20, 1973 · 34 Ohio St. 2d 259

URL: https://www.frixlaw.com/law-library/cases/6755106

## Case

- **Full name:** The State, ex rel. Waterloo Brown Derby Restaurant v. Summit County Board of Elections, Appellee The State, ex rel. Red Pepper Steak House v. Summit County Board of Elections, Appellee The State, ex rel. Norton Brown Derby Restaurant v. Summit County Board of Elections
- **Court:** Ohio Supreme Court
- **Decided:** June 20, 1973
- **Citations:** 34 Ohio St. 2d 259; 63 Ohio Op. 2d 396; 298 N.E.2d 134; 1973 Ohio LEXIS 380
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Bbown, Celebeezze, Cobbigan, Hebbebt, Nemo, Steen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6755106

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755106. Public record. Not legal advice.