State Ex Rel. Gerchak v. Tablack

As a matter of precedential law, I have no quarrel with the majority opinion in this case. However, I cannot attach reason to the American rule. The basic purpose of a writ of mandamus is to compel a public officer to perform the duties imposed on him by law. State ex rel. Scott v. Masterson (1962), 173 Ohio St. 402, 20 O.O.2d 36, 183 N.E.2d 376. It challenges reason that an individual is not entitled to attorney fees where a public officer refuses to perform duties imposed by law. Most certainly, in such an instance, there must and should be redress for the individual. The Ohio Supreme Court…