State ex rel. Tomino v. Brown

To issue a writ of mandamus, we must determine that relator has a clear right to the relief prayed for, that respondent is under a clear legal duty to perform the official act sought by relator, and that relator has no plain and adequate remedy in the ordinary course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St. 3d 28, 6 OBR 50, 451 N.E. 2d 225. Moreover, we will construe constitutions as well as statutes as necessary to discover whether the duty exists. See State, ex rel. Melvin, v. Sweeney (1950), 154 Ohio St. 223, 43 O.O. 36, 94 N.E. 2d 785.

The ordinance clearly requires…