State ex rel. Levin v. Schremp

Levin asserts in his first proposition of law that the court of appeals erred in granting Schremp’s motioncfior summary judgment and denying his request for a writ of mandamus on the basis that Levin possesses an adequate remedy at law.

In order to be entitled to a writ of mandamus, Levin had to establish that he has a clear legal right to removal of the enclosure of Day Ditch, that Schremp has a clear legal duty to remove the enclosure, and that Levin has no adequate remedy at law. In addition, Civ.R. 56(C) provides that before summary judgment is granted, it must be determined that (1) no…