State ex rel. Ebersole v. Delaware Cty. Bd. of Elections (Slip Opinion)
140 Ohio St. 3d 487
| Ohio | 2014Background
- In June 2014 Powell City Council approved Ordinance 2014-10, a final development plan for property in the Downtown Business District that complied with preexisting zoning and did not change zoning.
- Relators (Ebersole et al.) circulated petitions to place three measures on the November 2014 ballot: a referendum rejecting Ordinance 2014-10, an initiative repealing it, and a charter amendment; they submitted the petitions to the city clerk in July 2014.
- The Delaware County Board of Elections validated signature counts but, after protests, sustained objections that the referendum and initiative concerned administrative action (not subject to referendum) and that petition forms did not comply with charter/state requirements.
- Powell City Council later determined the petitions had sufficient signatures and approved resolutions to place the referendum and initiative on the ballot; the board nonetheless sustained protests and refused to certify the referendum and initiative for the ballot.
- Relators filed a mandamus action seeking to compel the board to place the referendum and initiative on the November ballot; the Supreme Court of Ohio denied the writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ordinance 2014-10 is legislative (subject to referendum) or administrative (not subject) | Relators: Ordinance was effectively legislative because council waived/failed to follow zoning procedural requirements, so action is subject to referendum | Board/Powell: Ordinance approved implementation of a preexisting zoning scheme without changing zoning, so it is administrative | Held: Administrative — approval of a final development plan under existing zoning is not subject to referendum |
| Whether board could consider substantive objections to petition subject matter (ripeness / premature review) | Relators: Board’s substantive review was premature; challenge to substance is unripe until voters approve | Board: Statutory duties require review of petitions and protests before election; review is proper and timely | Held: Board has authority and duty under state law to review content and protests before the election; not premature |
| Whether Powell City Charter precludes application of state statutes governing board protests and review | Relators: Charter procedure limits board role to signature verification; state statutes inapplicable where charter silent/different | Board: Charter is silent on protests and expressly defers to state law where silent; state statutes supplement charter | Held: No conflict — state-law duties supplement charter; board acted within statutory authority to conduct protest hearing |
| Whether laches or failure to exhaust administrative remedies bars mandamus | Board: Plaintiffs delayed and failed to exhaust remedies (R.C. 2506) | Relators: Filing was timely given holidays; underlying relief is to compel ballot placement, not to challenge development procedures | Held: Laches does not bar relief here (filing was timely); exhaustion not fatal because claim is that board refused to allow public vote; nevertheless relators lose on merits |
Key Cases Cited
- Donnelly v. Fairview Park, 13 Ohio St.2d 1 (1968) (distinguishes municipal legislative acts from administrative acts)
- Myers v. Schiering, 27 Ohio St.2d 11 (1971) (initiative/referendum limited to matters subject to legislative action)
- Buckeye Community Hope Found. v. Cuyahoga Falls, 82 Ohio St.3d 539 (1998) (charter municipalities’ administrative acts are beyond referendum power)
- State ex rel. Commt. for the Referendum of Ordinance No. 3844-02 v. Norris, 99 Ohio St.3d 336 (2003) (approving final development plans under existing zoning not subject to referendum)
- State ex rel. Oberlin Citizens for Responsible Dev. v. Talarico, 106 Ohio St.3d 481 (2005) (boards required to withhold initiative/referendum when subject matter is administrative)
- Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216 (2003) (standards for departing from stare decisis)