Opinion

State ex rel. Oberlin Citizens for Responsible Development v. Talarico

  • 106 Ohio St. 3d 481
Court
Ohio Supreme Court
Filed
Sep 27, 2005
Status
Published
Author
Pfeifer
On the bench
Connor, Donnell, Lanzinger, Moyer, Pfeifer, Resnick, Stratton
Cited by
14 cases

enactment of an ordinance “comparable to approving a site plan for development of land” “constitutes an administrative action, which is not properly the subject of either referendum or initiative seeking its repeal”

How later courts described this case

  • enactment of an ordinance “comparable to approving a site plan for development of land” “constitutes an administrative action, which is not properly the subject of either referendum or initiative seeking its repeal”

Written by the judges who cited it.

The opinion

Pfeifer, J.,

dissenting.

Phillips & Co., L.P.A., and Gerald W. Phillips, for relators.

Eric R. Severs, Oberlin Law Director, for respondent.

{¶ 36} I would grant the writ and award reasonable attorney fees to relators. To hold otherwise is to encourage clerks to continue to make judicial or quasi-judicial determinations beyond their authority. Whether right or wrong, those are not their calls to make.

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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