State ex rel. Butler v. Demis

It is well established that in order for a writ of mandamus to issue, the relators must show the following:

“ ‘ (1) that they have a clear legal right to the relief prayed for, (2) that respondents are 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. Akron Fire Fighters, v. Akron (1978), 54 Ohio St. 2d 448, 450.

If relators have a plain and adequate remedy at law, a writ of mandamus will not issue. However, the question remains whether a plain and adequate remedy at law is available to…