State ex rel. Brown v. City of Canton

The writ of mandamus is an extraordinary remedy which is customarily granted with caution. The conditions which must exist to support the issuance of a writ of mandamus are, as recently stated in State, *186ex rel. Heller, v. Miller (1980), 61 Ohio St. 2d 6, paragraph one of the syllabus, as follows:

“In order to grant a writ of mandamus, the court must find that relator has a clear legal right to the relief prayed for, that respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. (State, ex rel. Harris, v. Rhodes, 54 Ohio St.…