Legal Opinion

State ex rel. Stiller v. Columbiana Exempted Village School District Board of Education

Ohio Supreme Court

Decided November 22, 1995No. 95-320PublishedCited by 7 opinions

1Per curiam

In order to be entitled to a writ of mandamus, Stiller had to establish that he possesses a clear legal right to reemployment, that the board is under a clear legal duty to reemploy him, and that he has no plain and adequate remedy in the ordinary course of law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65, 637 N.E.2d 1. In addition, Civ.R. 56(C) provides that before summary judgment may be granted, it must be determined that (1) no genuine issue as to any material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears…

2Cases cited8 opinions

  1. State ex rel. Cassels v. Dayton City School District Board of EducationOhio Supreme Court · 1994
  2. Davis v. Loopco Industries, Inc.Ohio Supreme Court · 1993
  3. State ex rel. Carter v. WilkinsonOhio Supreme Court · 1994
  4. Holeski v. LawrenceOhio Court of Appeals · 1993
  5. Miller v. INDEPENDENT SCH. DIST. NO. 56, ETC.Supreme Court of Oklahoma · 1980

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3Cited by7 opinions

  1. State ex rel. Savarese v. Buckeye Local School District Board of EducationOhio Supreme Court · 1996
  2. State ex rel. Savarese v. Buckeye Local School Dist. Bd. of Edn.Ohio Supreme Court · 1996
  3. State ex rel. McGinty v. Cleveland City School District BoardOhio Supreme Court · 1998
  4. State ex rel. McGinty v. Cleveland City School Dist. Bd. of Edn.Ohio Supreme Court · 1998
  5. Wheeling Corp. v. Columbus & Ohio River RailroadOhio Court of Appeals · 2001

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