Legal Opinion · Concurrence

Lawrence Township Board of Trustees v. City of Canal Fulton

Ohio Court of Appeals

Decided December 22, 2009No. 2009 CA 00017Published

1ConcurrenceWise, Judge

{¶ 43} I concur in the majority’s decision to affirm the trial court. I write separately only to express caution regarding further judicial expansion of the utilization of mandamus relief in these cases.

{¶ 44} As the majority recites herein, R.C. 709.023(G) reads: “There is no appeal in law or equity from the board’s entry of any resolution under this section, but any party may seek a writ of mandamus to compel the board of county commissioners to perform its duties under this section.”

{¶ 45} In this case, we have not rejected, on procedural grounds, appellant’s use of mandamus for purposes…

2Cases cited1 opinion

  1. Lawrence Twp. Bd. v. City of Canal Fulton, 2008 Ca 00021 (2-17-2009)Ohio Court of Appeals · 2009

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API