State ex rel. Fenske v. McGovern

The threshold issue before this court is whether mandamus is an appropriate remedy, respondents contending that relator has adequate remedies at law by way of an action for money only, an action for declaratory judgment or an action for injunctive relief.

As to injunctive relief, necessarily it would be mandatory in nature since relator seeks to compel respondents to perform an alleged clear legal duty. The extraordinary remedy of mandatory injunction available in the court of common pleas is not a plain and adequate remedy in the ordinary course of law precluding exercise of the original…