Summary
The Supreme Court of Ohio denied relators’ request for a writ of mandamus seeking to place a Canal Winchester zoning ordinance on the November 2022 ballot for referendum. The court held that the ordinance was properly enacted as emergency legislation under Ohio Revised Code 731.30 and therefore was not subject to referendum. The court also denied relators’ request for attorney fees and declined to apply laches because respondents failed to show prejudice caused by relators’ delay.
Topics
Practice areas
Questions Presented
- Whether relators' mandamus claim was barred by laches.
- Whether Canal Winchester's charter subjected the emergency zoning ordinance to referendum despite Ohio Revised Code 731.30.
- Whether the May ordinance satisfied Ohio Revised Code 731.30's requirements for emergency legislation and was therefore exempt from referendum.
Holdings
- Laches did not bar relief because, although relators unreasonably delayed filing suit after being told that the petition would not be transmitted, the city and intervenor failed to show that they were materially prejudiced by that delay.
- Under Canal Winchester's charter, a zoning ordinance validly enacted as emergency legislation is not subject to referendum because the charter incorporates the state-law referendum process, and Ohio Revised Code 731.30 exempts emergency ordinances from that process.
- The May ordinance was properly enacted as emergency legislation and was not subject to referendum.
Key quotations
“We hold, therefore, that the May ordinance was properly enacted as emergency legislation and is not subject to referendum.” (¶ 32)
Factual background
Canal Winchester enacted a May 2022 ordinance repealing an earlier zoning ordinance and rezoning approximately 70 acres for a planned industrial district. The ordinance was declared emergency legislation based on stated municipal interests, including preserving and increasing employment and income-tax revenues, protecting existing utility infrastructure investments, and preserving the city's influence over infrastructure improvements. Relators submitted a referendum petition, but the city finance director refused to transmit it to the board of elections because emergency legislation is not subject to referendum.
Procedural history
Relators submitted referendum petitions concerning a May 2022 emergency zoning ordinance. The finance director refused to transmit the petition to the Franklin County Board of Elections because the ordinance was enacted as emergency legislation. Relators filed an original mandamus action in the Supreme Court of Ohio, and NorthPoint Development was permitted to intervene. The court denied the writ and denied attorney fees.