Legal Opinion
State ex rel. Broadway Petroleum Corp. v. City of Elyria
Ohio Supreme Court
Decided April 30, 1969No. 68-352PublishedCited by 19 opinions
1Opinion of the CourtTaft, C. J.
The only assignment of error and the only argument advanced by the city and its officials in their brief before the Court of Appeals was “that the Court of Common Pleas * * * erred in issuing a peremptory writ of mandamus without affording * * * [them] an opportunity to be heard.”
*25Section 2731.06, Bevised Code, reads, so far as pertinent :
“When the right to require the performance of an act is clear and it is apparent that no valid excuse can be given for not doing it, a court, in the first instance, may allow a peremptory mandamus.”
There is nothing in the record, either through a bill of…
2Cases cited18 opinions
- United States v. Interstate Commerce CommissionSupreme Court of the United States · 1949
- United States Ex Rel. Chapman v. Federal Power CommissionSupreme Court of the United States · 1953
- Western Air Lines, Inc. v. Civil Aeronautics BoardSupreme Court of the United States · 1954
- Tyler v. Board of Zoning AppealsSupreme Court of Connecticut · 1958
- In Re the Assessment of Additional Sales & Use Taxes Against Halifax Paper Co.Supreme Court of North Carolina · 1963
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Willoughby Hills v. C. C. Bar's Sahara, Inc.Ohio Supreme Court · 1992
- State v. LOUISIANA RIVERBOAT GAMING COM'N & HORSESHOE ENTERT.Supreme Court of Louisiana · 1995
- Pritchard v. State, Division of Vocational Rehabilitation, Department of Health & Social ServicesWyoming Supreme Court · 1975
- Gold Coast Realty, Inc. v. Board of Zoning AppealsOhio Supreme Court · 1971
- In re Complaint of Pilkington N. Am., Inc. (Slip Opinion)Ohio Supreme Court · 2015
14 more not listed; retrieve them via the Exa API.