State ex rel. Green v. Casey

Motions to dismiss test the sufficiency of the complaint. Assn. for the Defense of the Washington Local School Dist. v. Kiger (1989), 42 Ohio St. 3d 116, 537 N.E. 2d 1292. In their motion, however, respondents argue that relators’ complaint should be dismissed due to laches.

Respondents rely principally on State, ex rel. Hinkle, v. Franklin Cty. Bd. of Elections (1989), 47 Ohio St. 3d 117, 548 N.E. 2d 231, in which we denied a writ of mandamus because a relator unjustifiably waited to file an election matter until after the absentee ballots were printed and mailed. See Section 11, Rule VIII of…