Legal Opinion

State ex rel. Cooker Restaurant Corp. v. Montgomery County Board of Elections

Ohio Supreme Court

Decided October 24, 1997No. 97-2001PublishedCited by 64 opinions

1Per curiam

Prohibition

In order to be entitled to the requested writ of prohibition, relators must establish that (1) the board is about to exercise judicial or quasi-judicial power, (2) the exercise of such power is not legally authorized, and (3) if the writ is denied, they will suffer injury for which no other adequate legal remedy exists. Christy v. Summit Cty. Bd. of Elections (1996), 77 Ohio St.3d 35, 36-37, 671 N.E.2d 1, 3. A board’s exercise of judicial or quasi-judicial power is unauthorized if it engaged in fraud or corruption, abused its discretion, or acted in clear disregard of applicable…

2Cases cited19 opinions

  1. State ex rel. Herman v. KlopfleischOhio Supreme Court · 1995
  2. State ex rel. Crabtree v. Franklin County Board of HealthOhio Supreme Court · 1997
  3. State ex rel. Polo v. Cuyahoga County BoardOhio Supreme Court · 1995
  4. State ex rel. Thurn v. Cuyahoga County Board of ElectionsOhio Supreme Court · 1995
  5. 37712, Inc. v. Ohio Department of Liquor Control and Michael A. AkroucheCourt of Appeals for the Sixth Circuit · 1997

14 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. State ex rel. Ditmars v. McSweeneyOhio Supreme Court · 2002
  2. State ex rel. Ryant Committee v. Lorain County Board of ElectionsOhio Supreme Court · 1999
  3. State ex rel. First New Shiloh Baptist Church v. MeagherOhio Supreme Court · 1998
  4. State ex rel. Baldzicki v. Cuyahoga County Board of ElectionsOhio Supreme Court · 2000
  5. State ex rel. Stoll v. Logan County Board of ElectionsOhio Supreme Court · 2008

59 more not listed; retrieve them via the Exa API.

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