Legal Opinion · Dissent

Ohio Bell Telephone Co. v. Ferguson

Ohio Supreme Court

Decided January 23, 1980No. 79-935Published

1DissentLocher, J.

The majority properly notes that a writ of prohibition is an extraordinary writ and should issue only in cases of extreme necessity arising from the inadequacy of other remedies.

In the instant cause, a declaratory judgment action or an injunction, or both, are available adequate remedies, which should deny the issuance of a writ.

This court has firmly established that it will refuse to issue the high prerogative writ of prohibition in any instance where there exists a plain and adequate remedy in the ordinary course of the law. State, ex rel. Dormody, v. McClure (1977), 50 Ohio St. 2d 335;…

2Cases cited6 opinions

  1. State ex rel. Crebs v. Court of Common PleasOhio Supreme Court · 1974
  2. State ex rel. City of Dayton v. KernsOhio Supreme Court · 1977
  3. Lindley v. FergusonOhio Supreme Court · 1977
  4. State ex rel. Dormody v. McClureOhio Supreme Court · 1977
  5. Transairco, Inc. v. Common Pleas CourtOhio Supreme Court · 1976

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