State ex rel. Edwards Land Co., Ltd. v. Delaware County Bd. of Elections

The Liberty Township board of trustees approved a zoning amendment that rezoned three parcels of township land. Subsequently, a group of petitioners filed a referendum petition seeking to submit the board's action approving the rezoning of the property to the electors of the township. Relators, the owner of the property at issue, the developer of the property, and the developer company's president, submitted a protest to the county board of elections against the referendum petition. The board certified the referendum petition and placed the rezoning issue on the general-election ballot and rejected Relators' protest grounds. Relators then filed this action for a writ of prohibition and a writ of mandamus to compel the board to sustain their protest. The Supreme Court granted the writ of prohibition, holding that the board of elections abused its discretion by denying Relators' protest, certifying the referendum petition, and submitting the zoning amendment to the electorate because the petitioners did not timely file their referendum petition pursuant to statute. View "State ex rel. Edwards Land Co., Ltd. v. Delaware County Bd. of Elections" on Justia Law