State ex rel. Turner v. Barhorst

Summary

The Ohio Supreme Court held that R.C. 731.32 does not apply to petitions to amend a city charter and therefore the city clerk erred in rejecting the relators' charter‑amendment petition. Because the petition’s sufficiency had not yet been determined, the court granted only a limited writ of mandamus ordering the clerk to forward the petition to the county board of elections and, if sufficient, directing the city council to adopt an ordinance to place the amendment on the ballot. The court denied the laches defense, attorney‑fee awards, and costs. The limited writ was issued.