State ex rel. Johnson v. Richardson
131 Ohio St. 3d 120
Ohio2012Background
- Relator seeks a writ of quo warranto to oust Richardson from the Carlisle Village Council and to declare Johnson the entitled officeholder.
- Chad S. Johnson resigned from the council effective June 1, 2011, creating a vacancy.
- On June 28, 2011, six remaining council members voted to fill the vacancy; Richardson received 3 votes, Johnson 2, Sweezy 1.
- The council’s vote was disputed, and the law director issued an opinion on June 30, 2011, after which Richardson was sworn in.
- On July 1, 2011, the mayor appointed Johnson to fill the vacancy, but Richardson continued to claim the seat.
- Relator challenged the validity of Richardson’s holding of the office and sought a writ granting Johnson the office.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Richardson receive a valid majority to fill the vacancy? | Johnson: three of six is not a majority; vacancy not validly filled. | Richardson and village: three votes constitute majority of those present. | No; three votes of six is not a majority. |
| Was the mayor’s July 1 appointment to fill the vacancy proper after the council failed to act timely? | Johnson: mayor’s appointment valid because council failed to fill within 30 days. | Richardson/village: appointment not necessary if vacancy filled per charter. | Mayor’s appointment valid; Johnson entitled to office. |
Key Cases Cited
- State ex rel. Smith v. Nazor, 135 Ohio St. 364 (1939) (majority-vote requirement for vacancy fill)
- State ex rel. Corrigan v. Tudhope, 70 Ohio St.2d 57 (1975) (quo warranto requires proper majority for vacancy fill)
- State ex rel. Battin v. Bush, 40 Ohio St.3d 236 (1988) (quo warranto articulation of remedy)
- State ex rel. Sapp v. Franklin Cty. Court of Appeals, 118 Ohio St.3d 368 (2008) (peremptory writ when facts are uncontroverted)
- State ex rel. Mason v. Burnside, 117 Ohio St.3d 1 (2007) (procedure for presenting evidence in quo warranto)
- State ex rel. Van Landingham v. Lucas Cty. Bd. of Elections, 94 Ohio St.3d 1509 (2002) (timing for judgment-on-the-pleadings in original actions)