Legal Opinion

State ex rel. Meshel v. Keip

Ohio Supreme Court

Decided June 10, 1981No. 81-153PublishedCited by 8 opinions

1Opinion of the CourtCelebrezze, C. J.

As stated in the first paragraph of the syllabus in State, ex rel. Heller, v. Miller (1980), 61 Ohio St. 2d 6:

“In order to grant a writ of mandamus, the court must *381find that relator has a clear legal right to the relief prayed for, that respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law.”

The action of the Controlling Board was not quasi-judicial in nature. As a consequence there is no adequate remedy at law.

Respondents argue, however, the relator is not entitled to the requested relief because of the board’s failure to…

2Cases cited12 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. State ex rel. Heller v. MillerOhio Supreme Court · 1980
  3. Matz v. J. L. Curtis Cartage Co.Ohio Supreme Court · 1937
  4. State Ex Rel. Herbert v. FergusonOhio Supreme Court · 1944
  5. State ex rel. Nimon v. Village of SpringdaleOhio Supreme Court · 1966

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Colorado General Assembly v. LammSupreme Court of Colorado · 1985
  2. D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of HealthOhio Supreme Court · 2002
  3. D.A.B.E., Inc. v. Toledo-Lucas County Bd. of HealthOhio Supreme Court · 2002
  4. North Lake Tahoe Fire Protection District v. Washoe County Board of County CommissionersNevada Supreme Court · 2013
  5. Colorado General Assembly v. LammSupreme Court of Colorado · 1985

3 more not listed; retrieve them via the Exa API.

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