Judge overrules One Power's bid to stall vote count

FINDLAY — Hancock County Judge Jonathan Starn Tuesday morning overruled One Power Co.'s request to temporarily prevent the counting of votes over proposed zoning in Allen Township in today's election. While the ruling by the Common Pleas Court judge will allow votes of Allen Township residents to be counted, One Power's effort to have the votes nullified will still proceed. Judge Starn stated in his decision that a pre-trial hearing in the case will still be held Wednesday. "The Court is certainly aware that approval of the zoning issue could very well result in (One Power Co.) filing a new (Temporary Restraining Order/injunction) request relating the approved zoning issue and its enforcement," Starn's decision states. One Power Co., whose growth in the township would be checked by the zoning, claims the proposal's ballot language is incomplete and misleads voters. It also has argued the zoning resolution would apply "arbitrary and punitive zoning restrictions" that single out One Power and its operations. It further claims that was an "intent not described or summarized in the improperly-certified ballot language." Its complaint ultimately asks Starn to order the Hancock County Board of Elections to destroy votes cast on the issue. But as a preliminary step toward that end, it asked Starn to temporarily prevent the counting of the votes. Starn's decision this morning rejected taking that preliminary step. "If the voters of Allen Township reject the zoning issue then the issues raised by (One Power) cease to exist. There is certainly therefore significant merit to allow the voters to speak before taking any steps to intervene in the election process," Judge Starn stated. "Allowing the voters to address the zoning issue first, before any involvement by this Court, is also far more consistent with the public policy priority of free, open elections." "When raising issues as to the appropriateness of ballot language or the validity of the zoning issue itself, allowing the voters and opportunity to address the issue(s) first is preferred," the judge stated.