State ex rel. Pennington v. Bivens (Slip Opinion)

Citations

• 166 Ohio St. 3d 241
• 185 N.E.3d 41
• 2021 Ohio 3134

Syllabus

Elections—Mandamus—Writ of mandamus sought to compel city attorney to certify sufficiency of petitioners' zoning-amendment referendum petition—Procedures for circulating referendum or initiative petition set forth in R.C. 731.28 through 731.41 do not apply to municipality that has adopted its own charter containing an initiative and referendum provision—Because city had adopted a charter containing an initiative and referendum provision, petitioners were not required to comply with R.C. 731.32's requirement to submit ordinance to city auditor before circulating referendum petition—City attorney abused his discretion in rejecting petition on the ground that petitioners failed to comply with R.C. 731.32—Writ granted in part.