State ex rel. Huebner v. West Jefferson Village Council

I respectfully dissent from the judgment affirming the denial of the writ of mandamus. The majority initially relies on the Home Rule Amendment to hold that a municipal charter provision controls over a conflicting provision of the Ohio Constitution. However, because the provisions of a home-rule charter derive their authority from the Ohio Constitution, where charter provisions are contrary to constitutional provisions, the Constitution prevails. State ex rel. Semik v. Cuyahoga Cty. Bd. of Elections (1993), 67 Ohio St.3d 334, 336, 617 N.E.2d 1120, 1122, citing State ex rel. Hinchliffe v.…