State ex rel. Cotterman v. St. Marys Foundry

I respectfully dissent and would affirm the court of appeals’ decision based upon two independently sufficient grounds.

First, the appellant did not exhaust her administrative remedies when she failed to timely file a motion for a rehearing. A writ of mandamus is an extraordinary remedy that may be denied when a relator fails to exhaust his administrative remedies since an administrative appeal is an adequate remedy at law. Kaufman v. Newburgh Heights (1971), 26 Ohio St. 2d 217, 55 O.O. 2d 462, 271 N.E. 2d 280. The exhaustion of administrative remedies, of course, is not necessary if there is…