State ex rel. Harris v. Rubino

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In this expedited elections case, the Supreme Court granted a writ of mandamus ordering Solon Director of Finance Matt Rubino to certify the sufficiency and validity of an initiative petition proposing an ordinance that would amend the city of Solon’s zoning map to create the Kerem Lake Mixed-Use District to the board of elections for placement on the November 2018 ballot, holding that Rubino abused his discretion by failing to certify the sufficiency and validity of the petition to the board by the August 8 deadline.After the August 8 deadline passed with no action on this initiative, the petition committee filed this mandamus action. The Supreme Court granted relief, holding (1) Ohio Rev. Code 731.28, rather than Article XIV of the Solon City Charter, imposed a duty on Rubino to certify the initiative petition to the board; and (2) the committee was entitled to its costs and reasonable attorney fees. View "State ex rel. Harris v. Rubino" on Justia Law