State ex rel. Harris v. City of Toledo

In order to be entitled to a writ of mandamus, Harris had the burden to prove a clear legal right to recovery of the truck, a clear legal duty on the part of the city to return the truck to him, and the absence of a plain and adequate remedy in the ordinary course of law. State ex rel. Donaldson v. Alfred (1993), 66 Ohio St.3d 327, 329, 612 N.E.2d 717, 719. Sua sponte dismissal without notice is generally improper and is allowed only where the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Edwards v. Toledo City School…