State ex rel. Minor v. Eschen

In order to be entitled to a writ of mandamus, Minor must establish (1) a clear legal right to be restored to the municipal payroll and to an award of back pay, (2) a corresponding clear legal duty to perform such acts on the part of Eschen, and (3) the lack of a plain and adequate remedy at law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65, 637 N.E.2d 1. Before summary judgment may be granted, it must be determined that (1) no genuine issue as to any material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from…