State ex rel. Craig v. Board of Elections

317 N.E.2d 918, 40 Ohio St. 2d 23, 69 Ohio Op. 2d 126, 1974 Ohio LEXIS 361

Opinion

Per Curiam.

Relators seek to prevent the respondent hoard of elections from submitting a referendum to the electorate on a zoning ordinance. Respondent’s proposed action is at the direction of a writ of mandamus issued by a court of competent jurisdiction. Thus, upon the basis of State, ex rel. Flannery, v. Sidwell (1970), 24 Ohio St. 2d 74, a writ of prohibition is not appropriate in this case.

Writ denied.

O’Neill, C. J., Herbert, Corrigan, Steen, Oelebeezze, W. BROWN and P. Brown, JJ., concur.