State ex rel. Hunt v. Shoemaker

“The writ of mandamus * * * does not lie if performance of the act prayed for is impossible * * State, ex rel. Brown, v. Bd. of County Commrs. (1970), 21 Ohio St. 2d 62 [50 O.O.2d 159], syllabus. We therefore cannot order the Parole Board to set a hearing for relator to be held in 1977, even assuming he was entitled to it. Furthermore, since relator was considered for parole in 1981, “[a] writ of mandamus will not issue to compel a public official to perform a-legal duty which has been completed.” State, ex rel. Breaux, v. Court of Common Pleas (1977), 50 Ohio St. 2d 164 [4 O.O.3d 352].

Relator…