278 N.E.2d 366
No. 71-681Supreme Court of Ohio.
Decided February 2, 1972.
Zoning — Referendum — Prohibition to prevent vote, does not lie, when.
APPEAL from the Court of Appeals for Butler County.
Appellant, relator below, applied to the Butler County Commissioners for changes in the zoning of its property. After a hearing, the commissioners adopted a resolution approving certain zoning changes. A referendum petition was then filed requesting submission of the proposed zoning changes to the electors for approval or rejection. On September 9, 1971, the commissioners ordered the referendum placed on the ballot.
Subsequently, appellant filed a complaint for a writ of prohibition in the Court of Appeals to restrain the commissioners and the board of elections from placing the referendum on the ballot. The facts and issues were submitted to the court by stipulation — appellant attacking the validity of the referendum and the sufficiency of the ballot and alleging the lack of an adequate remedy in the ordinary course of the law.
On October 20, 1971, the Court of Appeals denied the writ of prohibition, holding the referendum petition valid and the ballot statement a fair and accurate presentation of the question to be decided.
Relator appealed to this court on October 26, 1971, as a matter of right.
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Messrs. Andary, Geisenfeld Izenson, Messrs. Levey Levey, Messrs. Lindhorst Dreidame and Mr. James L. O’Connell, for appellant.
Mr. Richard J. Wessel, prosecuting attorney, and Mr. Donald L. Ferris, for appellees.
Per Curiam.
The judgment of the Court of Appeals denying the writ of prohibition is affirmed. Under the facts of this case, prohibition is not a proper remedy. Markus v. Bd. of Elections
(1970), 22 Ohio St.2d 197.
Judgment affirmed.
O’NEILL, C.J., SCHNEIDER, HERBERT, CORRIGAN, STERN, LEACH and BROWN, JJ., concur.
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