Citizen-initiated ballot issues are the cornerstone of our democracy, but one Ohio city found itself in an untenable position at the end of a three-year legal battle that included multiple trips to the board of elections, the Ohio Supreme Court and the federal courts. A citizen-initiated charter amendment attempting to stop a development project in Powell, Ohio, was ultimately ruled unenforceable by a federal court, but there were no real winners in this scenario.
The matter began in 2013, when Powell City Council narrowly approved a mixed-use development for its downtown district. Citizen complaints about traffic and congestion ensued, and, ultimately, three ballot issues were proposed. The city refused to place the issues on the ballot claiming, among other things, they were unconstitutional. The Ohio Supreme Court initially ruled in favor of the city but then reversed course upon reconsideration.
In the end, the Court ruled that one of the issues should be allowed to proceed to the ballot despite potential constitutional flaws. “The proper time for an aggrieved party to challenge the constitutionality of the charter amendment is after the voters approve the measure, assuming they do so.” ...
