State ex rel. Daoust v. Smith

In order to be entitled to a writ of mandamus, relators must show (1) that they have a clear legal right to the relief prayed for, (2) that respondent is under a clear legal duty to perform the acts, and (3) that relators have no plain and adequate remedy in the ordinary course of the law. State, ex rel. National City Bank, v, Bd. of Education (1977), 52 Ohio St. 2d 81, 84.

Respondent admits that the duties he is refusing to perform are mandatory and ministerial. Respondent alleges that he is not, however, obligated to do what may, in his judgment, be declared void at a later time. With…