Edward Rose of Ohio, Inc. v. McLaughlin

Plaintiffs, appellees herein, are the owners of certain real estate in the city of Centerville. On March 3, 1969, the city of Centerville enacted Ordinance No. 22-68, amending Ordinance No. 15, rezoning a portion of plaintiffs’ property.

On or about March 31, 1969, a petition for referendum of the new ordinance, purporting to bear the names of 479 electors, was filed with the defendant, clerk of council, demanding that the ordinance be submitted to the electors at the general election in November 1969.

Plaintiffs filed a suit for an injunction to prevent defendant from certifying the referendum…