State, Ex Rel. Red Carpet Kamms, Inc. v. Cuyahoga County Board of Elections

I must respectfully dissent from the majority’s issuance of a writ of mandamus.

Relator seeks an order from this court which would prevent the Cuyahoga County Board of Elections from counting the votes of the electorate in the local-option election regarding relator’s liquor permit. An action in mandamus, however, does not lie.

In State, ex rel. Byrd, v. Summit Cty. Bd. of Elections (1981), 65 Ohio St. 2d 40, 19 O.O. 3d 230, 417 N.E. 2d 1375, the Supreme Court held in paragraph one of the syllabus:

“Mandamus and quo warranto will not lie to compel the withdrawal of a certificate of election…