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.