Legal Opinion

Creasy v. Waller

Ohio Supreme Court

Decided July 28, 1982No. 82-41PublishedCited by 3 opinions

1Per curiam

For a writ of mandamus properly to issue, three conditions must be met. These conditions are clearly set forth in paragraph one of the syllabus in State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42 [15 O.O.3d 53], where this court stated:

“In order to grant a writ of mandamus, a court must find that the relator has a clear legal right to the relief prayed for, that the 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. 2d 41 [8 O.O. 36].)”

*94Assuming, arguendo,…

2Cases cited3 opinions

  1. State ex rel. Westchester Estates, Inc. v. BaconOhio Supreme Court · 1980
  2. State ex rel. Harris v. RhodesOhio Supreme Court · 1978
  3. National Guarantee & Finance Co. v. SchenkeOhio Court of Appeals · 1937

3Cited by3 opinions

  1. State Ex Rel. Yacobozzi v. Lorain County Board of ElectionsOhio Court of Appeals · 1985
  2. State Ex Rel. Mosser Construction, Inc. v. City of ToledoOhio Court of Appeals · 1996
  3. State ex rel. DeMora v. LaRose (Slip Opinion)Ohio Supreme Court · 2022

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