Legal Opinion

State ex rel. Board of County Commissioners v. Court of Common Pleas of Butler County

Ohio Supreme Court

Decided June 14, 1978No. 77-1354PublishedCited by 11 opinions

1Per curiam

A court may not issue a writ of prohibition unless it determines that all the following conditions apply.:

“* * * (1) The court or officer against whom it is sought must be about to exercise a judicial or quasi-judicial power; (2) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy; (3) the exercise of such power must amount to an unauthorized usurpation of judicial power.” State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St. 2d 6, 8; State, ex rel. Rouault, v. Common Pleas Court (1977), 50 Ohio St. 2d 65, 66.

The issue…

2Cases cited7 opinions

  1. State ex rel. Adams v. GusweilerOhio Supreme Court · 1972
  2. State ex rel. Northern Ohio Telephone Co. v. WinterOhio Supreme Court · 1970
  3. State Ex Rel. Miller v. Court of Common PleasOhio Supreme Court · 1949
  4. State ex rel. Gilla v. FellerhoffOhio Supreme Court · 1975
  5. State ex rel. Safeco Ins. Co. of America v. KornowskiOhio Supreme Court · 1974

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

3Cited by11 opinions

  1. State ex rel. Henry v. BrittOhio Supreme Court · 1981
  2. State ex rel. Ruessman v. FlanaganOhio Supreme Court · 1992
  3. State ex rel. Smith v. Court of Common PleasOhio Supreme Court · 1982
  4. State ex rel. Ohio Edison Co. v. ShakerOhio Supreme Court · 1994
  5. State ex rel. Lewis v. Court of Common PleasOhio Supreme Court · 1990

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

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