Legal Opinion · Dissent

Light v. Board of Education

Supreme Court of Connecticut

Decided December 23, 1975Published

1DissentBogdanski, J.

I do not agree that the trial court properly sustained the demurrer to the prayer for a writ of mandamus.

The issuance of a writ of mandamus rests in the sound discretion of the trial court exercised in accordance with recognized principles of law. State ex rel. Donahue v. Holbrook, 136 Conn. 691, 693, 73 A.2d 924. The writ may properly issue when a plaintiff has a clear legal right to compel the performance of a purely ministerial act and when the plaintiff is without other adequate remedies. See, e.g., Cleary v. Zoning Board, 153 Conn. 513, 518, 218 A.2d 523; Andrews v. New Haven, 153 Conn.…

2Cases cited23 opinions

  1. State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
  2. Fresno City High School District v. De CaristoCalifornia Court of Appeal · 1939
  3. School City of Elwood v. State Ex Rel. GriffinIndiana Supreme Court · 1932
  4. State Ex Rel. Eastern Color Printing Co. v. JenksSupreme Court of Connecticut · 1963
  5. Fowler v. Town of EnfieldSupreme Court of Connecticut · 1952

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