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Council repeals prior approval for Warner Village development; law director says repeal should make referendum moot
Summary
Clayton City Council voted 6–1 to repeal an earlier ordinance approving SDG Warner Village LLC’s rezoning and preliminary plan for about 183.1 acres, and the law director told council that case law indicates a repeal removes the need for a referendum and the Board of Elections should not place it on the ballot.
Clayton City Council voted 6–1 to repeal a previously adopted ordinance that approved the Planning Commission’s recommendation for a zoning change and preliminary development plan for SDG Warner Village LLC, a sizable development the prior ordinance had covered.
The ordinance repealed was listed on the council agenda as Ordinance 0012502; at the meeting, the repeal was carried by a 6–1 roll-call vote after council discussion and an explanation from the law director, Martina, who said Ohio case law supports the position that once a municipal legislative authority repeals an ordinance, any referendum filed against that ordinance is moot and the Board of Elections should not submit…
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