State Ex Rel. Finkbeiner v. Lucas County Board of Elections

I

{¶ 41} I respectfully dissent from the majority decision to grant a writ of prohibition for relator, Carleton S. Finkbeiner. While I agree that respondents, the Lucas County Board of Elections and its members, exercised quasi-judicial authority in denying Finkbeiner’s protest to the recall petition against him and that the board’s decision was legally unauthorized, I fail to see how he lacked an adequate remedy in the ordinary course of law, given the availability of a prohibitory injunction through a court of common pleas. Because Finkbeiner had an ample amount of time to seek such an…