State ex rel. Bush v. Spurlock

The court of appeals dismissed this complaint on appellees’ motion filed pursuant to Civ. R. 12(B)(1) (lack of subject matter jurisdiction), (B)(6) (failure to state a claim), and (B)(7) (failure to join a necessary party). The court’s entry, however, does not provide any rationale for this decision beyond the conclusion that the motion was “well taken.” Thus, before this court, appellants basically maintain that their complaint stated a cognizable claim in mandamus and that nothing in appellees’ motion warranted summary dismissal of their claim.

In response, appellees argue, as they did…