State ex rel. McArthur v. DeSouza

It is settled that an action in quo warranto will not lie where there exists an adequate remedy by way of appeal. State ex rel. Steyer v. Szabo (1962), 174 Ohio St. 109, 21 O.O.2d 366, 186 N.E.2d 839; State ex rel. Hanley v. Roberts (1985), 17 Ohio St.3d 1, 17 OBR 1, 476 N.E.2d 1019. Respondents claim that the commission’s certification of the promotional eligibility list on June 21, 1990 effectively denied relator’s protest, and that relator’s proper remedy was to appeal that determination under R.C. 2506.01. That statute provides that “[e]very final order, adjudication, or decision of any *…