State ex rel. Williams Ford Sales, Inc. v. Connor

The board has filed a motion to dismiss the appeal on the basis that appellant possesses a plain and adequate remedy at law. However, since this is a timely filed appeal as of right, the board’s dismissal motion is inappropriate. See State ex rel. Soley v. Dorrell (1994), 69 Ohio St.3d 514, 515, 634 N.E.2d 215, 216. Therefore, appellant’s motion to strike the board’s dismissal motion is granted. However, the board’s memorandum in support of its motion to dismiss will be treated as a brief on the merits. Id.

*113In order to be entitled to a writ of mandamus, appellant had the burden to prove a…