Summary
The Ohio Supreme Court held that a mandamus action seeking review of a petition and placement of a corporate-powers issue on a special-election ballot became moot when the requested election date passed before the case was resolved. The court reversed the court of appeals and denied the writ without reaching the remaining issues.
Holdings
- A mandamus claim seeking placement of an issue on the ballot is moot when the election date requested for that issue has passed before the case is resolved.
- The capable-of-repetition-yet-evading-review exception did not apply because election cases can generally be litigated before the election and Todd failed to exercise the required diligence.
Questions Presented
- Whether Todd's mandamus claim became moot when the proposed November 7, 2006 election date passed before the court of appeals issued its judgment.
- Whether the capable-of-repetition-yet-evading-review exception to mootness preserved the mandamus action.
Disposition
reversed
Cases Cited (10)
- In re Protest Filed by Citizens for the Merit Selection of Judges, Inc., 49 Ohio St. 3d 102, 551 N.E.2d 150 (1990)(followed)
- State ex rel. Bona v. Orange, 85 Ohio St. 3d 18, 706 N.E.2d 771 (1999)(followed)
- State ex rel. Webb v. Bliss, 99 Ohio St. 3d 166, 2003-Ohio-3049, 789 N.E.2d 1102, ¶ 22(followed)
- State ex rel. Hills Communities, Inc. v. Clermont Cty. Bd. of Elections, 91 Ohio St. 3d 465, 746 N.E.2d 1115 (2001)(followed)
- State ex rel. White v. Kilbane Koch, 96 Ohio St. 3d 395, 2002-Ohio-4848, 775 N.E.2d 508, ¶ 13(followed)
- State ex rel. Dispatch Printing Co. v. Louden, 91 Ohio St. 3d 61, 741 N.E.2d 517 (2001)(followed)
- Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St. 3d 139, 2005-Ohio-5795, 841 N.E.2d 766, ¶ 15(followed)
- State ex rel. Fuller v. Medina Cty. Bd. of Elections, 97 Ohio St. 3d 221, 2002-Ohio-5922, 778 N.E.2d 37, ¶ 7(followed)
- State ex rel. Becker v. Eastlake, 93 Ohio St. 3d 502, 756 N.E.2d 1228 (2001)(followed)
- State ex rel. Essig v. Blackwell, 103 Ohio St. 3d 481, 2004-Ohio-5586, 817 N.E.2d 5, ¶ 34(followed)
Cited In (0)
No citing cases on record yet.
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