State ex rel. Fenley v. Kyger

In order to be entitled to a writ of mandamus, Fenley must establish a clear legal right to open council meetings, a clear legal duty on the part of respondents to provide open council meetings, and the lack of an adequate remedy at law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65, 637 N.E.2d 1.

Initially, relator notes that respondents have “temporarily discontinued holding executive sessions.” However, although a case may be moot, a court may decide the issues raised where they are capable of repetition, yet evading review. State ex rel. Beacon Journal Publishing Co. v.…