State ex rel. Fairfield County Board of Mental Retardation & Developmental Disabilities v. Fairfield County Budget Commission

Appellees’ assertion of an adequate remedy at law by way of appeal to the Board of Tax Appeals is in conflict with Bd. of Mental Retardation v. Bd. of Commrs. (1975), 41 Ohio St. 2d 103 [70 O.O.2d 197], That case also involved a mandamus action brought by a board of mental retardation seeking, as in this cause, reinstatement of a voter-approved levy in excess of the ten-mill limitation. In support of their contention, appellees state that in Bd. of Mental Retardation, supra, the court “* * * did not closely review the propriety of the remedy of mandamus, * * *” since it was agreed by the…