State ex rel. Madison v. Cotner

All respondents have filed motions to dismiss. After examination of these motions, we are of the opinion that they are without merit.

Respondent Cotner urges dismissal of relators’ complaint for failure to join as indispensable parties the city of Cleveland and the Attorney General of Ohio, pursuant to R. C. 2721.12. Examination of that statute reveals it applies to actions in which declaratory relief is sought. This is an original action in mandamus; therefore, that statute is inapplicable. Further, we find that all parties necessary for just adjudication are presently before this court. For…