State ex rel. Wolfe v. Close

A common element for issuance of a writ of prohibition and writ of mandamus is that the relator have no adequate legal remedy. State, ex rel. GMS Management Co., v. Callahan (1989), 45 Ohio St. 3d 51, 543 N.E. 2d 483; State, ex rel. Smith, v. Avellone (1987), 31 Ohio St. 3d 6, 31 *269OBR 5, 508 N.E. 2d 162. We find that Wolfe has an adequate remedy and hereby grant the motion for summary judgment.

Wolfe claims that since he was never a party to the nuisance action, sanctions such as the tax and padlocking cannot be enforced against him or his property, particularly when he has ousted the tenant…