Legal Opinion

Christensen v. Board of Commissioners on Grievances & Discipline

Ohio Supreme Court

Decided August 28, 1991No. 90-1932PublishedCited by 23 opinions

1Per curiam

We deny the writ without reaching the constitutional question. “Constitutional questions will not be decided until the necessity for a decision arises on the record before the court.” State, ex rel. Herbert, v. Ferguson (1944), 142 Ohio St. 496, 27 O.O. 415, 52 N.E.2d 980, paragraph two of the syllabus.

*536“In order for a writ of prohibition to lie, the following three requirements must be satisfied: ‘(1) the officer against whom it is sought is about to exercise judicial or quasi-judicial power; (2) the exercise of such power is unauthorized by law; and (3) it will result in injury for which no…

2Cases cited7 opinions

  1. State ex rel. Berger v. McMonagleOhio Supreme Court · 1983
  2. State Ex Rel. Herbert v. FergusonOhio Supreme Court · 1944
  3. State ex rel. Coyne v. TodiaOhio Supreme Court · 1989
  4. State ex rel. Heimann v. GeorgeOhio Supreme Court · 1976
  5. State ex rel. Crebs v. Court of Common PleasOhio Supreme Court · 1974

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3Cited by23 opinions

  1. State v. DelvallieOhio Court of Appeals · 2022
  2. State v. GambleOhio Court of Appeals · 2021
  3. Shimko v. LobeOhio Supreme Court · 2004
  4. Whitehead v. Nevada Commission on Judicial DisciplineNevada Supreme Court · 1994
  5. Dayton Bar Assn. v. ParisiOhio Supreme Court · 2012

18 more not listed; retrieve them via the Exa API.

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