State ex Rel. Demaline v. Cuyahoga Cty

3 Citing cases

  1. State ex rel. Committee for the Referendum v. Lorain County Board of Elections

    96 Ohio St. 3d 308 (Ohio 2002)   Cited 40 times
    Noting that res judicata does not apply to an interlocutory order

    Christman v. Christman (1960), 171 Ohio St. 152, 154, 12 O.O.2d 172, 168 N.E.2d 153; see, also, Commt. for the Referendum of Ordinance No. 3543-00, 90 Ohio St.3d at 216, 736 N.E.2d 873, citing Christman in precluding the application of laches in an election case. {¶ 36} The committee mistakenly relies on our decision in State ex rel. Demaline v. Cuyahoga Cty. Bd. of Elections (2000), 90 Ohio St.3d 523, 740 N.E.2d 242, to support its contention that the "clean hands" doctrine does not apply to election cases involving writs of mandamus. In Demaline, 90 Ohio St.3d at 527, 740 N.E.2d 242, we merely held that "[t]he `clean hands' doctrine is inapplicable here"; we did not hold that this doctrine is never applicable in election cases.

  2. Blankenship v. Blackwell

    2004 Ohio 5596 (Ohio 2004)   Cited 87 times

    Instead, they delayed at least 31 days before raising their claim concerning unprocessed voter-registration applications and about four months before challenging the constitutionality of statutory requirements for petition circulators. See State ex rel. Demaline v. Cuyahoga Cty. Bd. of Elections (2000), 90 Ohio St.3d 523, 526-527, 740 N.E.2d 242, quoting State ex rel. Landis v. Morrow Cty. Bd. of Elections (2000), 88 Ohio St.3d 187, 189, 724 N.E.2d 775 ("`[W]e have held that a delay as brief as nine days can preclude our consideration of the merits of an expedited election case'"). (Emphasis added.)

  3. Ohio Democratic Party v. LaRose

    2020 Ohio 4664 (Ohio Ct. App. 2020)   Cited 2 times

    When a party seeking relief in an election-related matter fails to exercise the requisite diligence and promptness, laches may bar the action. State ex rel. Demaline v. Cuyahoga Cty. Bd. of Elections , 90 Ohio St.3d 523, 526, 740 N.E.2d 242 (2000), citing State ex rel. Bona v. Orange , 85 Ohio St.3d 18, 20-21, 706 N.E.2d 771 (1999). {¶ 29} As the present case involves an election-related matter, appellees bear the burden of establishing that they acted with the requisite diligence.