Opinion

State ex rel. Board of Township Trustees v. Brown

  • 19 Ohio St. 3d 153
  • 19 Ohio B. 436
  • 484 N.E.2d 152
  • 1985 Ohio LEXIS 525
Court
Ohio Supreme Court
Filed
Oct 9, 1985
Status
Published
On the bench
Brown, Celebrezze, Douglas, Holmes, Locher, Sweeney, Wright
Cited by
0 cases
Authority
More cited than 15.1%

The opinion

Per Curiam.

R.C. 3501.05(J) imposes upon respondent the duty to “[ajpprove ballot language for any local question or issue * * *.”

R.C. 5705.25 sets forth the form of the ballot to be used in the submission of a proposed levy-to the voters and provides in relevant part:

“The form of the ballots cast at such election shall be:

“ ‘An additional tax for the benefit of (name of subdivision) * * * for the purpose of (purpose stated in the resolution) * * * at a rate not exceeding * * * mills for each one dollar of valuation, which amounts to (rate expressed in dollars and cents) * * * for each one hundred dollars of valuation, for * * * (life of indebtedness or number of years the levy is to run) * *

<<* * *

“If the levy submitted is a proposal to * * * replace * * * an existing levy, the form of the ballot specified in this section may be changed by substituting for the words, ‘An additional’ at the beginning of the form; the words * * * ‘A replacement of a’ in the case of a proposal to replace an existing levy in the same amount; * *

*154 Relator argues that “[t]he Secretary of State is under a mandatory duty to approve ballot language designating a proposed tax levy as ‘a replacement’ tax when such language is specifically authorized by law.”

Although R.C. 5705.25 requires a replacement levy to be designated as such, relator has made no showing that its levy is, in fact, a replacement levy rather than a renewal levy. Similarly, relator has not demonstrated any prejudice from respondent’s action in designating the levy at issue a renewal levy.

Mandamus is an extraordinary remedy. It will not lie unless relator has a clear right to the relief sought and clearly demonstrates its entitlement to the writ. State, ex rel. McGarvey, v. Zeigler (1980), 62 Ohio St. 2d 320, 321 [ 16 O.O.3d 363 ]. Relator has not met this burden.

Accordingly, the writ prayed for is denied. 1

Writ denied.

Celebrezze, C.J., Sweeney, Locher, Holmes, C. Brown, Douglas and Wright, JJ., concur.

In view of our determination herein, it is unnecessary to rule on respondent’s motion to join a necessary party.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.