council exceeded its authority by tabling initiative ordinance it opposed because once the form of the petition is approved, council must place it on the ballot
How later courts described this case
- council exceeded its authority by tabling initiative ordinance it opposed because once the form of the petition is approved, council must place it on the ballot
- as applied to R.C. 733.59
Written by the judges who cited it.
The opinion
Douglas, J.,
concurring in part and dissenting in part. I concur in the judgment of the majority to grant the writ but respectfully dissent from the majority’s decision to deny attorney fees. In depositing funds to cover the costs of this proceeding, relators have complied with R.C. 733.59 and should be awarded their reasonable attorney fees.