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Nelsonville asks a judge to dismiss a candidate’s legal claim, saying she has suffered no harm yet
By: David Forster
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ATHENS, Ohio (WOUB) — The city of Nelsonville is asking a judge to dismiss a legal action brought by a candidate running for a position the city argues no longer exists.
This switch to a new government was called for under Issue 23, a citizen initiative passed by Nelsonville voters last November. The initiative would have abolished the city’s charter government at the end of this year and replaced it with a statutory government.
But in August, the City Council voted to repeal Issue 23, saying it has the authority under the charter to overturn citizen initiatives. The council’s position is there will no longer be a transition to a new form of government next year.
Thompson Hashman filed a legal action late last month arguing that the council’s repeal of Issue 23 is invalid because it deprives residents of the right to choose their own form of government, which is guaranteed in the state constitution.
In response, the city on Wednesday filed a motion for judgment on the pleadings, which essentially asks the judge to dismiss the case before it goes any further.
The city’s central argument is that Thompson Hashman is still on the November ballot as a candidate and so has not suffered any harm yet because of the repeal. Generally speaking, a person going to court has to show they have suffered some kind of harm the court can address before a case can proceed.
The City Council tried to get Thompson Hashman and the other candidates running under Issue 23 removed from the ballot. It took its case to the Ohio Supreme Court, but the court refused to grant the city’s request.
The city argues that because the Supreme Court allowed Thompson Hashman and the other Issue 23 candidates to remain on the ballot, there’s no reason for a court to hear a challenge to the repeal.
It remains to be seen whether Thompson Hashman will win the election and if so whether the city will prevent her from taking office on Jan. 1, the city argues. If that happens, the city argues, then she might be able to bring a legal claim.
“Hashman impermissibly asks this Court to weigh in on future, hypothetical harms, that simply are not actionable,” the city argues in its motion.
Thompson Hashman is the only candidate for auditor whose name will appear on the ballot. Nicholas Smith is also running for auditor under Issue 23 but as a write-in candidate.
What will happen after the election is unclear. The city may end up in a situation where there are competing claims for City Council seats and other city positions between office holders under the charter and those elected under Issue 23. This will likely result in more legal action.