State ex rel. Citizens for Fair Taxation v. Board of Lucas County Commissioners

For a writ of mandamus to issue, CFT must show that it is entitled to respondents’ performance of a clear legal duty and that it has no adequate remedy in the ordinary course of law. State, ex rel. Matheis, v. Russo (1990), 50 Ohio St.3d 204, 553 N.E.2d 653.

CFT argues that R.C. 305.31 establishes a duty to hold a referendum on Resolution No. 91-1728 at the next primary or general election. Respondents reply that Resolution No. 91-1728 was adopted as an R.C. 5739.026(A)(3) emergency measure and argue that R.C. 5739.026(A)(5)2 either prohibits or *751does not authorize referenda on such measures.…