Case: Krummen v. City of North College Hill, Ohio

1:13-cv-00193 | U.S. District Court for the Southern District of Ohio

Filed Date: March 21, 2013

Closed Date: June 26, 2013

Clearinghouse coding complete

Case Summary

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…

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)

People

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/


Documents in the Clearinghouse

Documents in this case
1

1:13-cv-00193

Verified Complaint for Temporary Restraining Order and Declaratory and Injunctive Relief

March 21, 2013

March 21, 2013

Complaint
2

1:13-cv-00193

Plaintiffs' Motion for Temporary Restraining Order and Preliminary and Permanent Injunction

March 21, 2013

March 21, 2013

Pleading / Motion / Brief
14

1:13-cv-00193

Motion of Proposed Intervenor's for Leave to Intervene

April 15, 2013

April 15, 2013

Pleading / Motion / Brief
17

1:13-cv-00193

Plaintiffs' Response in Opposition to Intervenors' Complaint and Motion to Intervene

April 24, 2013

April 24, 2013

Pleading / Motion / Brief
18

1:13-cv-00193

Memorandum of Defendant, City of North College Hill in Opposition to Intervenors' Motion to Intervene

May 6, 2013

May 6, 2013

Pleading / Motion / Brief
20

1:13-cv-00193

Memorandum of Defendant, City of North College Hill in Response to Plaintiffs' Motion for Temporary Restraining Order

May 22, 2013

May 22, 2013

Pleading / Motion / Brief
21

1:13-cv-00193

Order Granting Plaintiffs' Motion for Temporary Restraining Order and Preliminary and Permanent Injunction, Denying the Motion of Proposed Intervenors for Leave to Intervene, and Directing that Judgment be Entered for Plaintiffs

June 26, 2013

June 26, 2013

Order/Opinion

2013 WL 3270372

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363371/krummen-v-city-of-north-college-hill-ohio/

Last updated Sept. 2, 2026, 4:59 a.m.

Docket for: Krummen v. City of North College Hill, Ohio
ECF Number Date Description Link
1 March 21, 2013

COMPLAINT against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-4030888), filed by Karen Krummen. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Summons Form, # 2 Summons Form, # 3 Summons Form, # 4 Summons Form, # 5 Summons Form, # 6 Civil Cover Sheet) (Pepper, David) (Entered: 03/21/2013)

1 Summons Form

View on PACER

2 Summons Form

View on PACER

3 Summons Form

View on PACER

4 Summons Form

View on PACER

5 Summons Form

View on PACER

6 Civil Cover Sheet

View on PACER

RECAP
2 March 21, 2013

MOTION for Temporary Restraining Order by Plaintiff Karen Krummen. [ELECTION ISSUE(S) CITED] (Pepper, David). Added MOTION for Preliminary Injunction, MOTION for Permanent Injunction on 3/22/2013 (sct1). (Entered: 03/21/2013)

RECAP
March 25, 2013

***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (sct1)

3 March 26, 2013

NOTICE of Appearance by David Todd Stevenson for Defendants Timothy Burke, Caleb Faux, Charles "Chip" Gerhardt, III, Hamilton County Board of Elections, Alex Triantafilou (Stevenson, David) (Entered: 03/26/2013)

RECAP
4 March 26, 2013

NOTICE of Appearance by Charles Wood Anness for Defendants Timothy Burke, Caleb Faux, Charles "Chip" Gerhardt, III, Hamilton County Board of Elections, Alex Triantafilou (Anness, Charles) (Entered: 03/26/2013)

RECAP
5 March 26, 2013

NOTICE of Appearance by Colleen Marie McCafferty for Defendants Timothy Burke, Caleb Faux, Charles "Chip" Gerhardt, III, Hamilton County Board of Elections, Alex Triantafilou (McCafferty, Colleen) (Entered: 03/26/2013)

RECAP
6 March 26, 2013

Summons Issued as to All Defendants. (sct1) (Entered: 03/26/2013)

RECAP
March 26, 2013

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference on motion for TRO held on 3/26/2013. Another telephonic conference is scheduled for 3/28/13 at 2:00 p.m. (Court Reporter Julie Wolfer (Official).) (wam1)

7 March 27, 2013

NOTICE of Appearance by Lawrence Edward Barbiere for Defendant North College Hill City of (Barbiere, Lawrence) (Entered: 03/27/2013)

RECAP
8 March 27, 2013

NOTICE of Appearance by Lawrence Edward Barbiere for Defendant North College Hill City of (Barbiere, Lawrence) (Entered: 03/27/2013)

RECAP
9 March 27, 2013

CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (lk) (Entered: 03/27/2013)

RECAP
10 March 29, 2013

SUMMONS Returned Executed as to Defendant North College Hill City of. North College Hill City of served on 3/28/2013, answer due 4/18/2013. Green card returned signed for Mark Fitzgerald, City Administrator for City of North College Hill. (jlw) (Entered: 03/29/2013)

RECAP
11 March 29, 2013

[FORMER DOCUMENT 11] Mail Returned as Undeliverable. Mail sent to Ronald D. Leonard re 5 order was returned marked Released marked return to sender. (jlw) Modified to remove PDF text on 4/1/2013 (jlw). (Entered: 03/29/2013)

RECAP
March 29, 2013

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference held on 3/29/2013. Dft to file a response in opposition to the Motion for TRO by 4/8/13 or advise the Court on 4/8/13 how they are going to proceed (Court Reporter Julie Wolfer (Official).) (wam1)

12 April 1, 2013

SUMMONS Returned Executed as to Defendants Timothy Burke, Caleb Faux, Charles "Chip" Gerhardt, III, Alex Triantafilou. Timothy Burke served on 3/29/2013, answer due 4/19/2013; Caleb Faux served on 3/29/2013, answer due 4/19/2013; Charles "Chip" Gerhardt, III served on 3/29/2013, answer due 4/19/2013; Alex Triantafilou served on 3/29/2013, answer due 4/19/2013. (jlw) (Entered: 04/01/2013)

RECAP
April 1, 2013

Notice of Correction re: 11 Mail Returned: Clerk docketed on the incorrect case. PDF was removed and docketed in the proper case. (jlw)

13 April 4, 2013

NOTICE of Hearing: Status Conference set for 4/8/2013 at 01:30 PM in Teleconference before Chief Judge Susan J. Dlott. (vp) (Entered: 04/04/2013)

RECAP
April 8, 2013

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference held on 4/8/2013. (Court Reporter Julie Wolfer (Official).) (wam1)

14 April 15, 2013

MOTION to Intervene by Intervenor Parties Susan Wietlisbach, Nicholas Wietlisbach, Nicholas Link, Patrick Hartzel. (Attachments: # 1 Exhibit - Proposed Intervening Complaint) (Hartman, Curt) (Entered: 04/15/2013)

1 Exhibit - Proposed Intervening Complaint

View on PACER

RECAP
15 April 15, 2013

NOTICE of Appearance by Christopher R. Finney for Intervenor Parties Patrick Hartzel, Nicholas Link, Nicholas Wietlisbach, Susan Wietlisbach (Finney, Christopher) (Entered: 04/15/2013)

RECAP
16 April 17, 2013

AGREED ENTRY OF DISMISSAL with prejudice. Charles "Chip" Gerhardt, III, Hamilton County Board of Elections, Alex Triantafilou, Timothy Burke and Caleb Faux terminated.. Signed by Chief Judge Susan J. Dlott on 4/17/13. (wam1) (Entered: 04/17/2013)

RECAP
17 April 24, 2013

RESPONSE in Opposition re 14 MOTION to Intervene filed by Plaintiffs Teresa Eilermann, Karen Krummen, Al Long, Maureen Mason, Erna Olafson, Marcia Weaver. (Pepper, David) (Entered: 04/24/2013)

RECAP
18 May 6, 2013

RESPONSE in Opposition re 14 MOTION to Intervene filed by Defendant North College Hill City of. (Barbiere, Lawrence) (Entered: 05/06/2013)

RECAP
19 May 21, 2013

NOTICE by Intervenor Parties Patrick Hartzel, Nicholas Link, Nicholas Wietlisbach, Susan Wietlisbach of Evidence of Defendants' Explicit Refusal to Defend the Challenged Charter Provision (Attachments: # 1 Exhibit - Minutes of City Council Meeting of May 6, 2013) (Hartman, Curt) (Entered: 05/21/2013)

RECAP
20 May 22, 2013

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Defendant North College Hill City of. (Barbiere, Lawrence) (Entered: 05/22/2013)

RECAP
21 June 26, 2013

ORDER granting 2 Plaintiff's Motion for TRO and Motion for Preliminary and permanent Injunction; denying 14 Motion to Intervene. Signed by Chief Judge Susan J. Dlott. (wam1)

RECAP
22 June 26, 2013

CLERK'S JUDGMENT affirming doc. 21. (wam1) (Entered: 06/26/2013)

RECAP

Case Details

State / Territory:

Ohio

Case Type(s):

Election/Voting Rights

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

City of North College Hill

County

Hamilton County Board of Elections

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Southern District of Ohio 1:13-cv-00193

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Candidate qualifications

Voting: General & Misc.

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