State ex rel. McGarvey v. Zeigler

Appellee has an adequate remedy in the ordinary course of law through a declaratory judgment action under R. C. 2721.01 et seq. However, availability of this remedy was apparently not considered by either the appellee or the appellate court.

This court stated in State, ex rel. Dollison, v. Reddy (1978), 55 Ohio St. 2d 59, 60, that “***[t]he availability of a declaratory judgment action does not bar the issuance of a writ of mandamus when the relator otherwise makes a proper showing, although the court may consider the availability of declaratory judgment as one element in exercising its…