Legal Opinion

State ex rel. Ohio Council 8 v. Spellacy

Ohio Supreme Court

Decided May 22, 1985No. 84-1442PublishedCited by 8 opinions

1Opinion of the CourtWright, J.

It is well-settled that in order for a writ of mandamus to issue the relator must demonstrate “(1) that he has a clear legal right to the relief prayed for, (2) that respondents are under a clear legal duty to perform the acts, and (3) that relator has no plain and adequate remedy in the ordinary course of the law.” State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St. 3d 28, 29, citing State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St. 2d 41, 42 [8 O.O. 3d 36]; State, ex rel. Heller, v. Miller (1980), 61 Ohio St. 2d 6 [15 O.O. 3d 3], paragraph one of the syllabus; State, ex rel.…

2Cases cited10 opinions

  1. State ex rel. Berger v. McMonagleOhio Supreme Court · 1983
  2. State ex rel. Westchester Estates, Inc. v. BaconOhio Supreme Court · 1980
  3. State ex rel. Heller v. MillerOhio Supreme Court · 1980
  4. State ex rel. Harris v. RhodesOhio Supreme Court · 1978
  5. Malone v. Court of Common PleasOhio Supreme Court · 1976

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

3Cited by8 opinions

  1. Dale v. Ohio Civil Service Employees Ass'nOhio Supreme Court · 1991
  2. Laborers' Int'l Union of N.A. v. Terease NeffCourt of Appeals for the Sixth Circuit · 2022
  3. Nealon v. City of ClevelandOhio Court of Appeals · 2000
  4. Local 2238 of the American Federation of State, County & Municipal Employees v. StrattonNew Mexico Supreme Court · 1989
  5. In Re Mingo Junction Safety Forces Ass'n, Local No. 1Ohio Court of Appeals · 1991

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

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