The State Ex Rel. Ebersole v. City Council of Powell Et Al.
149 Ohio St. 3d 501
| Ohio | 2017Background
- Arlington Homes sought to develop 8.75 acres in Powell, Ohio (Harper’s Pointe); first plan (Apr 2015) rezoned property to Planned Residential (PR) and approved a 47-unit plan by Ordinance 2015-18.
- Voters repealed Ordinance 2015-18 by referendum in Nov 2015.
- Arlington submitted a second plan (Jul 2016) seeking rezoning; the City instead proposed rezoning to Downtown Residence (DR).
- Council enacted Ordinance 2016-44 (rezoning to DR) on Nov 1, 2016 and explicitly did not approve any development plan; a motion to amend to send the ordinance to the ballot failed.
- Relator Brian Ebersole sought a writ of mandamus compelling the city to place the 2016 ordinance on the May 2017 ballot, arguing the charter barred reenactment without voter approval; the city and developers intervened.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Section 6.06(B) of the Powell City Charter required Council to submit Ordinance 2016-44 to referendum | Ebersole: Any reenactment of a previously rejected ordinance must be submitted to voters; 2016-44 is a reenactment in whole/part | Council/Intervenors: 2016-44 is a distinct rezoning (DR), not a reenactment of the rejected PR ordinance; no duty to place it on ballot | Court: Mandamus denied — relator sought wrong remedy; charter creates a bar to reenactment (void ab initio), not an automatic referendum, so no clear duty to refer |
| Proper remedy to challenge alleged forbidden reenactment | Ebersole: Writ of mandamus compelling submission to ballot | Council: Mandamus improper; challenge should be by declaratory judgment or other action | Court: Declaratory judgment is the appropriate remedy to attack validity; this court lacks original jurisdiction over declaratory relief, so mandamus is improper |
Key Cases Cited
- State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (2012) (standard for mandamus requires showing clear legal right, clear legal duty, and lack of adequate remedy)
- State ex rel. Ministerial Day Care Assn. v. Zelman, 100 Ohio St.3d 347 (2003) (Ohio Supreme Court lacks original jurisdiction to grant declaratory judgment in mandamus proceeding)