Opinion

State ex rel. Hirshler v. Frazier

  • 63 Ohio St. 2d 333
  • 17 Ohio Op. 3d 418
  • 410 N.E.2d 1253
  • 1980 Ohio LEXIS 824
Court
Ohio Supreme Court
Filed
Sep 25, 1980
Status
Published
Author
Locher
On the bench
Brown, Celebrezze, Dowd, Holmes, Locher, Sweeney
Cited by
10 cases

The opinion

Locher, J.,

concurring. I concur in the judgment and opinion of the per curiam decision and assert a further consideration therefor.

Pursuant to R. C. 731.29, this legislative amendment, Ordinance No. 6-80, would automatically have full force and effect 30 days after it was filed with the mayor of Granville if no valid referendum petition were submitted. Therefore, in a referendum matter, when time is of the essence and no other recourse is available to place this matter before the electorate, the granting of the writ is proper.

In fact, the question presented arises from the issuance of a certified rather than a verified copy of the ordinance from the clerk of council, who is a respondent herein.

The issuance of extraordinary writs should be granted circumspectly, but all factors considered in this case, the issuance of the extraordinary writ of mandamus is proper.

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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