Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE STATE EX REL., GALLOWAY ET AL. v. BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY.

Initiative and referendum — County zoning amendment — Referendum petition — Petitioner may withdraw signature before official action taken thereon — What constitutes "official action."

Per Curiam.

In the absence of statutory provisions to the contrary, an elector signing a referendum petition authorized by law has a right to withdraw his signature from such petition at any time before official action has been taken thereon and before an action in mandamus has been properly commenced to compel the taking of such action, even though after the time within which such petition is required by law to be filed and after it actually has been filed. State, ex rel. Kahle, v. Rupert, Aud., 99 Ohio St. 17; Lynn v. Supple, Clerk, 166 Ohio St. 154.

"Official action" in the instant case would be the certification of the issue by the respondent to the board of elections.

The writ of mandamus is denied.

Writ denied.

TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.

Use AI to get other relevant cases.

Comments

STATE EX REL. v. BOARD
(May 15, 1963)