State ex rel. Boardwalk Shopping Center, Inc. v. Court of Appeals

First, we grant Midwestern’s motion to intervene and overrule relators’ motion to strike. See Ohio Dept. of Adm. Serv., Office of Collective Bargaining v. State Emp. Relations Bd. (1990), 54 Ohio St. 3d 48, 562 N.E. 2d 125. Second, since respondent’s motion presents evidence outside the pleadings, we treat it as a motion for summary judgment, which we hereby grant.

Relators’ action is in mandamus. They must therefore establish that they have a clear legal right to relief prayed for, that respondent is under a clear legal duty to perform the act requested, and that there is no plain and…