City of Eastlake v. Forest City Enterprises, Inc.

Eastlake's (defendant) charter required any zoning change to pass both the city council and a subsequent voter referendum by 55%. Forest City Enterprises (plaintiff) won city council approval to rezone land for multi-family housing, but when its related request to rezone an adjacent lot for a parking lot was denied pending referendum approval of the first change, and the referendum then failed, Forest City sued, arguing the referendum requirement was an unconstitutional delegation of legislative power to the voters; the Ohio Supreme Court agreed and struck down the ordinance, and Eastlake sought certiorari.