State ex rel. Cody v. Toner

It is well-settled that in order for a writ of mandamus to issue, the relators must show: “ ‘(1) that they have a clear legal right to the relief prayed for, (2) that respondents are under a clear legal duty to perform the acts, and (3) that relators have no plain and adequate remedy in the ordinary course of the law.’ ” State, ex rel. Akron Fire Fighters, v. Akron (1978), 54 Ohio St. 2d 448, 450 [8 O.O.3d 443]; State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St. 2d 41, 42 [8 O.O.3d 36].

The court of appeals held that relator herein has an adequate remedy in *23the ordinary course of the law by…