2019 Ohio 3751
Ohio2019Background:
- Fremont City Council rezoned a parcel (owned by Fremont Rental, Ltd.) from single-family to multi-family on June 6, 2019 to allow an apartment project.
- At the third reading the ordinance was amended to declare an emergency, stating it was needed "to avoid an increase in project cost," and passed 4–2.
- A referendum petition seeking to place the ordinance on the November 2019 ballot was filed June 28; the Sandusky County Board of Elections disqualified the petition on August 15, concluding the ordinance was a valid emergency measure not subject to referendum.
- Relators (Hasselbach and Moore) filed mandamus on August 26 asking the Ohio Supreme Court to order the board to place the referendum on the ballot; Fremont Rental intervened.
- The Ohio Supreme Court held the emergency clause was legally insufficient (conclusory and not tied to public peace, health, or safety), reversed the board, and granted the writ directing placement of the referendum on the November ballot.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdictional-priority rule (pending common-pleas action) | Relators: court may hear mandamus; causes/parties differ. | Fremont Rental: common-pleas action bars this court under jurisdictional-priority. | Rule does not bar this action because parties/causes differ; exception not met. |
| Laches (delay in filing mandamus) | Relators: prompt enough; no prejudice. | Fremont Rental: 11-day delay is unreasonable and prejudicial. | Laches rejected; no material prejudice shown. |
| Compliance with petition filing statutes (R.C. 731.32 and 731.35) | Relators: complied — certified copy filed with city auditor; any disclosure omission is not fatal. | Fremont Rental: certification defective and disclosure statement missing, so petition invalid. | Certification was sufficient; failure to file financial-disclosure would not invalidate the petition (statutory remedy is a fine). |
| Validity of emergency declaration under R.C. 731.30 | Relators: ordinance fails to set forth reasons tied to public peace/health/safety and thus is subject to referendum. | Fremont Rental: emergency valid to avoid increase in project cost and thus exempt from referendum. | Emergency language was conclusory (protecting developer from higher costs) and unrelated to public peace/health/safety; ordinance not a valid emergency and is subject to referendum. |
Key Cases Cited
- State ex rel. Webb v. Bliss, 99 Ohio St.3d 166 (Ohio 2003) (conclusory emergency language insufficient to exempt rezoning from referendum)
- State ex rel. Fostoria v. King, 154 Ohio St. 213 (Ohio 1950) (statutory requirement to state reasons for emergency exists to inform voters)
- State ex rel. Laughlin v. James, 115 Ohio St.3d 231 (Ohio 2007) (legislative emergency declaration must set forth legally sufficient reasons; rote recitation of statute insufficient)
- State ex rel. Moore v. Abrams, 62 Ohio St.3d 130 (Ohio 1991) (public-project timing may justify emergency where tied to public interests)
- State ex rel. Phillips v. Polcar, 50 Ohio St.2d 279 (Ohio 1977) (jurisdictional-priority rule between concurrent tribunals)
- State ex rel. Dunlap v. Sarko, 135 Ohio St.3d 171 (Ohio 2013) (application and limits of jurisdictional-priority rule)