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Summit County BOE Decision Goes to Ohio Supreme Court

Attorney, Warner Mendenhall  (https://www.warnermendenhall.com/) 


The City Charter, Section 9.02 Referendum.

   The electors of this City shall have the power to approve or reject at the polls any ordinance or other measure enacted by Council by referendum petition submitted to the Clerk of Council in accordance with the provisions of the Constitution or laws of Ohio now or hereafter in effect. (Amended November 5, 1985; November 6, 2018)

A citizen's group comprised of residents from Old Mill Rd and other concerned residents on July 13, 2022, filed petitions to place Resolution 57-2022 (Revised) passed by a 5 - 2 vote on June 14, 2022, by City Council, on the ballot for voters' consideration on November 8, 2022.

On July 21, 2022, Law Director, Vazzana denies Petitioners (over 1,400 Twinsburg residents' signatures) with an unsigned Memorandum.  Citizens file a complaint for a Writ of Mandamus with the Ohio Supreme Court on August 11, 2022,  Case No. 2022-995.

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Here is the history of the Ohio Supreme Court case:


  • Case No. 2022-0995 State of Ohio, Lynn Clark v. City of Twinsburg, Law Director, Matt Vazzan, and others.  This is a Verified Complaint for Writ of Mandamus to compel the City of Twinsburg on questions of law and fact and is taken in whole from the orders and decisions of the City of Twinsburg Planning Commission, City Council, and Law Director Memo to let the issue proceed to the ballot on November 8, 2022. [See Supreme Court Documents Below or Press Link to Ohio Supreme Court docket]
  • City of Twinsburg ordered by Ohio Supreme Court to transmit the referendum petitions to Summit County Board of Elections on September 2, 2022!

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  • The Summit County Board of Elections denied the referendum petitions to proceed to November 8, 2022, ballot on September 14, 2022, as 'administrative' action of City of Twinsburg.
  • On September 20, 2022, The State of Ohio et el, Lynn Clark Vs. Summit County Board of Elections decision taken to Ohio Supreme Court, Case No. 2022-1174 Verified Complaint for writ of mandamus to pray the court to order Repeal of Resolution 57-2022 be placed on the November 7, 2023, ballot.  Court Documents are below:

Ohio Supreme Court - Website

Court Case Detailed Documents - Ohio Supreme Court

 Case:  2022-1174 - Summit County Board of Election Decision Goes to Ohio Supreme Court - a Writ of Mandamus is Sought to Place Issue on November 2, 2023, Ballot - Referendum Petitions - All Documents Available at Ohio Supreme Court Docket  

OHIO SUPREME COURT WRIT MANDAMUS 2022-1174 9-20-2022 (pdf)

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OHIO SUPREME COURT ORDER TO BOE 9-21-2022 (pdf)

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SUMMIT BOE REPLY RESPONSE 9-22-2022 (pdf)

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TWINSBURG INTERVENING RESPONSE 9-22-2022 (pdf)

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CASE DISMISSED-LACKING MERIT BRIEF FILING (pdf)

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