State ex rel. Ebersole v. Powell
Annotate this CaseOn June 17, 2014, the city council of Powell approved a development plan prosing new construction in the Powell downtown business district by adopting Ordinance No. 2014-10. Relators filed petitions with the city clerk in support of three ballot measures: a referendum to block Ordinance No. 2014-10 from taking effect, an initiative to approve an ordinance repealing Ordinance No. 2014-10, and an amendment to the city charter that would nullify Ordinance No. 2014-10. The city clerk transmitted the three petitions to the Delaware County Board of Elections. As a result of the combined actions of the city council and the board of elections, none of the three ballot measures was certified for the November 4, 2014 ballot. Relators filed this mandamus action to compel with city council and city clerk to place the proposed charter amendment on the ballot. The Supreme Court denied the writ, holding that the proposed charter amendment unlawfully delegated legislative power, and therefore, the city council did not have a clear legal duty to put the measure on the November 4, 2014 ballot.
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