State ex rel. Viox Builders, Inc. v. Lancaster

At issue is the commission’s interpretation of the terms “occupations” and “industries” as used in R.C. 4123.29 (now 4123.29[A]). Because an action for declaratory judgment can fully resolve this question, we find that a plain and adequate remedy at law exists and thus affirm the appellate court’s judgment.

To prevail in mandamus, relator must demonstrate that: (1) it has a clear right to the relief requested, (2) respondents are under a clear legal duty to perform the requested act, and (3) relator has no plain and adequate remedy in the ordinary course of the law. State, ex rel. Westchester…