State ex rel. Potten v. Kuth

An action in mandamus is the proper course for appellants to follow to compel reinstatement. The appointing authority may, in a mandamus action to enforce an *323order of the State Personnel Board of Review disaffirming a layoff, assert the affirmative defense of an abuse of discretion by the board. State, ex rel. Ogan, v. Teater (1978), 54 Ohio St. 2d 235, paragraph three of the syllabus. The Butler County Welfare Department in the cases at bar has made such a defense.

This court may find an abuse of discretion only where the board’s order is contrary to the law, or where there is no evidence to…