Supreme Court dismisses 2nd fracking charter suit as moot

COLUMBUS ­— The Ohio Supreme Court today dismissed a case filed by six Youngstown residents challenging the authority of the Mahoning County Board of Elections to not certify an anti-fracking charter amendment in the city.

In a 7-0 decision, the court wrote the complaint was moot because of its Thursday ruling in a similar case filed by the city against the board.

In that also unanimous decision, the court agreed with the city that the board didn’t have the power to take the proposal off the Nov. 3 ballot because its members believed it to be unconstitutional.

“Such an amendment becomes void and unenforceable only when declared unconstitutional by a court of competent jurisdiction,” the judges wrote in the decision.

The board will formally vote to put the charter amendment shortly, but based on the court decision it will including the anti-fracking proposal on overseas ballots that will start to be mailed Saturday, said Mark Munroe, its chairman.

“We will follow the court’s order now, prepare ballots and certify at a later date,” he said.