State ex rel. Bowman v. Columbiana County Board of Commissioners

S.Ct.Prac.R. X(5) provides that in original actions other than habeas corpus filed in this court that “[a]fter the time for filing an answer to the complaint or a motion to dismiss, the Supreme Court will either dismiss the case or issue an alternative or peremptory writ, if a writ has not already been issued.”

Respondents seek dismissal of relators’ complaint for a writ of mandamus pursuant to Civ.R. 12(B)(6). Dismissal of a complaint for failure to state a claim upon which relief can be granted is appropriate if, after all factual allegations of the complaint are presumed true and all…