State ex rel. Ebersole v. Powell
Annotate this CaseRelators circulated petitions in support of a proposed amendment to the city charter that would nullify an ordinance establishing a development plan for property in downtown Powell, Ohio. The city counsel considered the proposed ballot measure and voted unanimously not to submit the amendment to the voters, concluding that the charter amendment constituted an unlawful delegation of legislative authority into private hands. Realtors sought a writ of mandamus to compel the city council and city clerk to place their proposed charter amendment on the November 4, 2014 ballot. The Supreme Court held that the city council properly refused to place the matter on the ballot because the terms of the proposed charter initiative were unconstitutional. Relators then filed a motion for reconsideration. The Supreme Court granted the motion for reconsideration and granted a writ of mandamus, holding that the council acted unlawfully when if failed to place the amendment before the voters, as the proper time for an aggrieved party to challenge the constitutionality of the charter amendment is after the voters approve the measure.
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