State ex rel. Westchester Estates, Inc. v. Bacon

In order to grant a writ of mandamus, a court must find that the relator has a clear legal right to the relief prayed for, that the respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St. 2d 41. Because the doctrine of res judicata is insufficient in the case at bar to place appellant Bacon under a clear legal duty to grant the certificates, we must reverse the Court of Appeals and deny the writ.

Res judicata is the sole basis given for the decisions below. In order for a…