Opinion

State ex rel. Cooker Restaurant Corp. v. Montgomery County Board of Elections

  • 80 Ohio St. 3d 302
  • 686 N.E.2d 238
Court
Ohio Supreme Court
Filed
Oct 24, 1997
Status
Published
Author
Cook
On the bench
Cook, Douglas, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney
Cited by
62 cases

rejecting Jemo as controlling and finding that the board of elections properly dismissed election protest under Sharon Village

How later courts described this case

  • rejecting Jemo as controlling and finding that the board of elections properly dismissed election protest under Sharon Village
  • “a board of elections, like a board of revision, is a quasi-judicial body when it considers protests”
  • “a board of elections * * * is a quasi-judicial body when it considers protests”

Written by the judges who cited it.

Distinguished

  • Distinguished by Gaul v. Bd., Pk. Com., Cleveland Metro., Unpublished Decision (6-8-2000) (2000)

    Cooker Restaurant Corp. v. Montgomery County Bd. of Elections (1997), 80 Ohio St.3d 302, that case is readily distinguishable from the case at hand.
    Ohio Court of AppealsJun 8, 2000Read it

The opinion

Cook, J.,

concurring. I concur in the judgment denying the writ of prohibition as to Brinker on the notice issue. As to Cooker and Meyer, I concur in the judgment denying the writ only on the basis of laches and concur with the analysis of that subject in the per curiam opinion.

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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