State ex rel. Board of Education v. Butler County Budget Commission

The issue at bar is whether we should issue a writ of mandamus compelling respondents to levy the full amount of the emergency school levies. For the reasons to follow we decline to issue such a writ.

In order for the extraordinary writ of mandamus to issue, this court “must find that the relator has a clear legal right to the relief prayed for, that the respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law.” State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42, 15 O.O. 3d 53, 399 N.E. 2d 81, paragraph one of the…