State ex rel. Jackson v. Allen

In his first proposition of law, Allen argues that Jackson is attempting to substitute this quo warranto action for the appeal of the trial court’s order overruling Whitman’s motion to dismiss his indictments. Jackson responds that he only challenges the right of Allen to hold the office of special prosecutor and that this action should not be construed as a substitute for an appeal.

Quo warranto relief is not available if a statutory appeal procedure exists. State ex rel. Hanley v. Roberts (1985), 17 Ohio St.3d 1, 4, 17 OBR 1, 3, 476 N.E.2d 1019. 1021-1022.

*39In the underlying criminal cases,…