Legal Opinion
State ex rel. Ascani v. Stark County Board of Elections
Ohio Supreme Court
Decided October 15, 1998No. 98-1914PublishedCited by 37 opinions
1Per curiam
Relators assert that they are entitled to writs of prohibition and mandamus to prevent the November 3 election on the off-track-betting issue. The Secretary of State counters that relators’ claims are barred by laches. For the following reasons, we concur with the Secretary of State and deny the writs based on laches.
“The elements of laches are (1) unreasonable delay or lapse of time in asserting a right, (2) absence of an excuse for the delay, (3) knowledge, actual or constructive, of the injury or wrong, and (4) prejudice to the other party.” State ex rel. Polo v. Cuyahoga Cty. Bd. of…
2Cases cited12 opinions
- State ex rel. Polo v. Cuyahoga County BoardOhio Supreme Court · 1995
- State ex rel. Thurn v. Cuyahoga County Board of ElectionsOhio Supreme Court · 1995
- State ex rel. Cooker Restaurant Corp. v. Montgomery County Board of ElectionsOhio Supreme Court · 1997
- State ex rel. Spencer v. East Liverpool Planning CommissionOhio Supreme Court · 1997
- State ex rel. SuperAmerica Group v. Licking County Board of ElectionsOhio Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Blankenship v. BlackwellOhio Supreme Court · 2004
- State ex rel. Choices for South-Western City Schools v. AnthonyOhio Supreme Court · 2005
- State ex rel. Ryant Committee v. Lorain County Board of ElectionsOhio Supreme Court · 1999
- State ex rel. The Ryant Commt. v. Lorain Cty. Bd. of ElectionsOhio Supreme Court · 1999
- State ex rel. Fuller v. Medina Cty. Bd. of ElectionsOhio Supreme Court · 2002
32 more not listed; retrieve them via the Exa API.