State ex rel. Freeman v. Hayes

This court has consistently held that “[i]n order for a court to dismiss a complaint for failure to state a claim upon which relief can be granted (Civ. R. 12 [B] [6]), it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery.” O’Brien v. University Community Tenants Union (1975), 42 Ohio St. 2d 242. Also, in considering such motion, the court must assume the truth of the allegations contained in the complaint. See Royce v. Smith (1981), 68 Ohio St. 2d 106.

*345Applying these principles to the complaint for a writ of mandamus, we find no…