Lawsuit update: City gives response
The City of Galion, represented by Attorney Harry M. Welsh of Renwick, Welsh & Burton, submitted its response to the lawsuit on Jan. 16. This lawsuit, which was filed against the City as well as the Board of Elections in December, seeks to declare the ballot language used for Issue 5 in the November election invalid.
In the City’s response, it admits to the allegations that the ballot language was approved by Galion City Council by a 5 to 1 vote during a July 24 meeting. It also acknowledges that the language was prescribed by the Crawford County Board of Elections and given final approval by Ohio Secretary of State John Husted.
All three parties were named as respondents in the case, titled “David L. Dayne, et all vs. Crawford County Board of Elections, et al.” The Board of Elections and Secretary of State have yet to respond.
The City denies parts of the allegations that claim the election was “illegal or void for the reason that the ballot failed to contain specific language required by Ohio Revised Code Section 705.30.”
Furthermore, the response states: “Plaintiffs’ complaint fails to state grounds upon which relief can be granted because R.C. 705.30 applies only to the repeal of plans of government adopted pursuant to Article XVIII, Section 2 of the Ohio Constitution and R.C. Chapter 705 and not to the Charter of the City of Galion…”
The response also argues the Plaintiffs have been guilty of laches, or the unreasonable delay in making an assertion or claim. The City asked that the complaint be dismissed at the Plaintiffs’ cost.
In a phone interview on Monday, Welsh stated that all parties are still awaiting the Ohio Supreme Court to appoint a visiting judge to the case. He added that there is a status conference forthcoming, in which involved parties will discuss the case and further decisions will be made.
Posted by Matt Echelberry
on Jan 21 2013.
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