Beaver Excavating Co. v. Stark County Board of Elections

Gwin, Presiding Judge.

Defendants, the Stark County Board of Elections and the individual members thereof (“appellants”), appeal from the judgment entered in the Stark County Court of Common Pleas permanently enjoining appellants from placing a zoning referendum issue on the election ballot.

The zoning referendum originated from a petition filed with appellants by several residents of Canton Township, seeking to prevent the rezoning of 37.5 acres of residentially zoned land owned by plaintiff, the Beaver Excavating Company (“appellee”), and located in Canton Township.

On August 6, 1991,…