State ex rel. Esch v. Lake County Board of Elections
Ohio Supreme Court
1DissentWright, J.
I must respectfully dissent despite my agreement with the result achieved by the majority. We have consistently held that mandamus will lie only where official action is to be ordered or compelled. Mandamus is inappropriate where one seeks to prevent such action. See State, ex rel. Assn, for the Defense of the Washington Local School Dist., v. Kiger (1989), 42 Ohio St.3d 116, 537 N.E.2d 1292; State, ex rel. Stamps, v. Automatic Data Processing Bd. of Montgomery Cty. (1989), 42 Ohio St.3d 164, 538 N.E.2d 105; State, ex rel. Kay, v. Brown (1970), 24 Ohio St.2d 105, 53 O.O.2d 284, 264 N.E.2d…
2Cases cited7 opinions
- State ex rel. Pressley v. Industrial CommissionOhio Supreme Court · 1967
- Ass'n for Defense of Washington Local School District v. KigerOhio Supreme Court · 1989
- State, Ex Rel. v. Indus. Comm.Ohio Supreme Court · 1942
- State ex rel. Stamps v. Automatic Data Processing BoardOhio Supreme Court · 1989
- State ex rel. Burech v. Belmont County Board of ElectionsOhio Supreme Court · 1985
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