State ex rel. Zonders v. Delaware County Board of Elections

Relators contend that the board of elections erred in its determination that the township trustees’ approval of the application to rezone the property was not referendable pursuant to R.C. 519.021 because (1) the proposed development is not a planned-unit development (“PUD”), since it does not integrate a mixture of uses as required by R.C. 519.021, (2) R.C. 519.021 does not preclude a referendum with respect to rezoning of the land, (3) Section 1, Article II of the Ohio Constitution guarantees a right of referendum in this case, and (4) a person who files an application to rezone land from…