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Attorney: law director has duty under Ohio statute to seek injunction over challenged charter amendment
Summary
Outside counsel told the Vermilion City Council the law director likely has a mandatory duty under Ohio Revised Code to sue to block implementation of a voter-approved charter amendment the city believes may conflict with the state constitution; council members asked about timeline, costs and use of outside counsel.
An outside attorney advising the council said the city's law director has a statutory duty to seek injunctive relief if a voter-approved charter amendment would violate the Ohio Constitution.
Stephen Funk of Rotsela Landres told the Vermilion City Council that, under Ohio Revised Code section 733.56, "the law director has the statutory authority, in fact, the mandatory duty, if they believe the city is going to violate the Ohio Constitution to seek an injunction to prevent that from happening." Funk spoke during the council's regular meeting as members asked for legal clarification about a charter amendment that recently passed a vote.
The attorney outlined the usual procedure if the law director pursues the matter: filing a declaratory judgment…
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