Filed Date: March 21, 2013
Closed Date: June 26, 2013
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On March 31, 2013, a group of residents and registered voters of North College Hill filed a complaint against the City of North College Hill and the Hamilton County Board of Elections seeking a declaration that a recent Amendment to the Charter of North College Hill for the November 2012 general election, which imposed retroactive term limits for all elected officials, violated federal civil rights secured by the First and Fourteenth Amendment (enforceable under 42 U.S.C. § 1983) as well as the Ohio Constitution’s prohibition against retroactive laws. Certain of the plaintiffs had served more than 12 years on the City Council of North College Hill, and but for the new restriction placed on them from the Amendment they intended to appear on the ballot for the November 2012 general election. Plaintiffs sought preliminary and permanent injunctive relief blocking the Amendment.
On June 26, 2013, the Court found in favor of Plaintiffs, finding that retroactive term limits violated the Ohio Constitution and any such enforcement of retroactive term limits would constitute an undue burden on Plaintiffs’ First and Fourteenth Amendment rights under the United States Constitution. The Court noted that while it is well-settled that a candidate does not have a fundamental right to appear on the ballot, the impact of candidate eligibility requirements on voters implicates basic constitutional rights found in the First and Fourteenth Amendments. Applying a balancing test to distinguish between restrictions that serve the State’s important regulatory interests and those that impose unconstitutional burdens on voters, the Court found there was no legitimate or rational justification for the burden resulting from retroactive application of the new term limits. The Court noted that it’s holding did not reach the issue of whether prospective term limits served legitimate state interests.
Summary Authors
Benjamin Witte (10/24/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363371/parties/krummen-v-city-of-north-college-hill-ohio/
Dlott, Susan J. (Ohio)
Eilermann, Teresa (Ohio)
Bowen, Cooper D (Ohio)
Grossmann, Thomas Edward (Ohio)
Harper, James Warren (Ohio)
See docket on RECAP: https://www.courtlistener.com/docket/4363371/krummen-v-city-of-north-college-hill-ohio/
Last updated Aug. 11, 2025, 2:16 a.m.
State / Territory: Ohio
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: March 21, 2013
Closing Date: June 26, 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Residents of North College Hill (Ohio)
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of North College Hill (North College Hill, Hamilton), City
Hamilton County Board of Elections (Hamilton County Board of Elections, Hamilton), County
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
Voting: