State, Ex Rel. Watkins v. Quirk

Relator, Richard W. Watkins, seeks a writ of mandamus compelling respondent, John A. Ram-ey, clerk of council of the city of Cuyahoga Falls, to transmit a certain referendum petition to city council. We determine that the writ shall not issue.

Facts

The complaint originally named Robert J. Quirk, Mayor of Cuyahoga Falls, and! Jerry Sloan, the then city law director, as respondents. Motions to dismiss for failure to state a claim were filed on behalf of Quirk and Sloan. A motion for summary judgment was filed by all three respondents. We granted the motions to dismiss and denied the motion for…