Legal Opinion · Dissent

State ex rel. Summit County Republican Party Executive Committee v. Brunner

Ohio Supreme Court

Decided June 16, 2008No. 2008-0478Published

1DissentPfeifer, J.

{¶ 116} Ohioans learn something new today: two wrongs can make a writ. Through a unique bit of judicial alchemy, two unrelated concurring opinions that were each able to garner the support of only one other justice have combined to produce four votes to grant a writ of mandamus. A majority of this court thus announces the granting of a writ of mandamus, but cannot exactly put its finger on why; it grants a writ of mandamus on the basis of an unclear legal duty. Especially disturbing is the fact that one of the concurrences is based upon a *541theory of relief so novel that the relator never…

2Cases cited6 opinions

  1. State ex rel Pipoly v. State Teachers Retirement Sys.Ohio Supreme Court · 2002
  2. State ex rel. Heffelfinger v. BrunnerOhio Supreme Court · 2007
  3. State ex rel. Evans v. BlackwellOhio Supreme Court · 2006
  4. State ex rel. Democratic Executive Committee v. BrownOhio Supreme Court · 1974
  5. State ex rel. Lewis v. RolstonOhio Supreme Court · 2007

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