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

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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/


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Documents in the Clearinghouse

Docket

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

Last updated March 7, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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

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2 Summons Form

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3 Summons Form

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4 Summons Form

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5 Summons Form

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6 Civil Cover Sheet

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March 21, 2013

March 21, 2013

Clearinghouse
2

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)

March 21, 2013

March 21, 2013

Clearinghouse

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

March 25, 2013

March 25, 2013

PACER
3

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)

March 26, 2013

March 26, 2013

PACER
4

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)

March 26, 2013

March 26, 2013

PACER
5

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)

March 26, 2013

March 26, 2013

PACER

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)

March 26, 2013

March 26, 2013

PACER
6

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

March 26, 2013

March 26, 2013

PACER
7

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

March 27, 2013

March 27, 2013

PACER
8

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

March 27, 2013

March 27, 2013

PACER
9

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)

March 27, 2013

March 27, 2013

PACER

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)

March 29, 2013

March 29, 2013

PACER
10

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)

March 29, 2013

March 29, 2013

PACER
11

[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)

March 29, 2013

March 29, 2013

PACER

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

April 1, 2013

April 1, 2013

PACER
12

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)

April 1, 2013

April 1, 2013

PACER
13

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)

April 4, 2013

April 4, 2013

PACER

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

April 8, 2013

April 8, 2013

PACER
14

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

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April 15, 2013

April 15, 2013

Clearinghouse
15

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

April 15, 2013

April 15, 2013

PACER
16

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)

April 17, 2013

April 17, 2013

PACER
17

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)

April 24, 2013

April 24, 2013

Clearinghouse
18

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

May 6, 2013

May 6, 2013

Clearinghouse
19

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)

May 21, 2013

May 21, 2013

PACER
20

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)

May 22, 2013

May 22, 2013

Clearinghouse
21

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) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

RECAP
22

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

June 26, 2013

June 26, 2013

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

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:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Candidate qualifications

Voting: General & Misc.