State ex rel. PIA Psychiatric Hospitals, Inc. v. Ohio Certificate of Need Review Board

For a writ of mandamus to issue, PIA N.E. and PIA Columbus must show that they are entitled to the CON Review Board’s performance of a clear legal duty and that they have no plain and adequate remedy in the ordinary course of law. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141, 40 O.O. 2d 141, 228 N.E. 2d 631, paragraph ten of the syllabus. Therefore, our review must concentrate on two fundamental questions: (1) Does R.C. 3702.58(A), as it existed when the instant applications were filed, apply to the board’s review of applications filed pursuant to Section 12 of Am. Sub.…