State ex rel. Hipp v. City of North Canton

Hipp asserts in his propositions of law that the court of appeals erred in granting appellees’ motion for summary judgment and denying the requested writ of mandamus.

Mandamus is an appropriate remedy in wrongful-denial-of-promotion cases. Hipp, supra, 70 Ohio St.3d at 103, 637 N.E.2d at 319. In order to be entitled to a writ of mandamus regarding his claim for appointment, Hipp had to establish a clear legal right to promotion to lieutenant and back pay, a clear legal duty on the part of appellees to provide the foregoing, and that he had no plain and adequate remedy in the ordinary course of…