The fight over a proposed Berlin Township ballot referendum is before the Supreme Court of Ohio.

A complaint was filed with the court Jan. 23. It seeks to reverse the Delaware County Board of Elections' Jan. 18 decision to remove the referendum from the May 8 ballot.

The action was filed by one of the referendum petitioners, Graeme Quinn, a resident of North Old State Road.

The referendum sought to reverse the Berlin Township board of trustees' rezoning resolution that would allow an industrial park to be built on 24 acres at 5427 state Route 37 E., at the northwest corner of Route 37 and North Old State Road.

The rezoning applicant was Savko Brothers Properties X LLC, which filed a protest with the elections board after the board Nov. 13 certified the referendum for the ballot.

The decision to remove the referendum came during a hearing on Savko's protest.

After that hearing, board of elections director Karla Herron said it was determined the referendum petition had failed to use the trustees' rezoning resolution number -- Resolution 17-10-09 -- in its title, as required by law. The title instead used the zoning application number: Berlin Township Zoning Commission Case 17-006.

The complaint calls that move an "assignment of error," saying the elections board arbitrarily ignored sections of the referendum petition that listed both the trustees' rezoning and zoning commission numbers. It also claims disputed defects alleged in the protest "lacked specificity" required by Ohio law.

Quinn did not return a phone message by press time. Andrew Wecker, a Delaware attorney representing Quinn at the Jan. 18 hearing, filed the complaint. He declined comment.

On Jan. 29, attorneys representing Savko filed with the Supreme Court an "answer in intervention," which denies a number of the complaint's allegations.

Columbus attorney Joe Miller, who represented Savko at the Jan. 18 hearing, earlier said the elections board "acted in accordance with Ohio law. We are confident the court would uphold their decision."

On Jan. 30, the board of elections filed a motion that the case be expedited as an election matter.

Herron earlier said the board of elections is scheduled to put military and overseas ballots in the mail March 24.