State Ex Rel. Hanson v. Guernsey County Board of Commissioners

Two questions are presented for our review. First, did the court of appeals err by denying the writ of mandamus on the board’s Civ.R. 12(B)(6) motion? Second, should a writ of mandamus be granted? For the reasons that follow, we hold that the court of appeals improperly used the *548motion to dismiss to summarily review the merits of Hanson’s claim and to prematurely dispose of this case. Moreover, to resolve whether Hanson has sustained his burden of proof on this record would compound the court’s error. Accordingly, we reverse and remand.

Motion to Dismiss

A motion to dismiss for failure to state…