Legal Opinion

State ex rel. Square v. Planning Commission of Madison

Ohio Supreme Court

Decided December 17, 1980No. 80-446PublishedCited by 4 opinions

1Per curiam

“In order to grant a writ of mandamus, a court must find that the relator has a clear right to the relief *129prayed for, that the respondent is under a clear duty to perform the requested act, and that the relator has no plain and adequate remedy at law.” State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42, 44. Relators have a plain and adequate remedy at law in the form of a declaratory judgment action. In P. H. English v. Koster (1980), 61 Ohio St. 2d 17, this court affirmed the trial court’s order that plats are approved by operation of law when a planning commission has failed to…

2Cases cited2 opinions

  1. State ex rel. Westchester Estates, Inc. v. BaconOhio Supreme Court · 1980
  2. P. H. English, Inc. v. RosterOhio Supreme Court · 1980

3Cited by4 opinions

  1. State ex rel. Eudela v. RogersOhio Supreme Court · 1984
  2. State ex rel. Ohio Council 8 v. SpellacyOhio Supreme Court · 1985
  3. State ex rel. Laramie Corp. v. City of ClevelandOhio Supreme Court · 1981
  4. State ex rel. Villari v. City of Bedford HeightsOhio Supreme Court · 1984

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