State ex rel. Villari v. City of Bedford Heights

I have two concerns with the majority opinion this day. Accordingly I feel compelled to dissent.

The first concern involves our resolution of a mandamus action when facts are in dispute. The majority herein, alluding to the minutes of the January 25, 1982 council meeting as one of several “facts,” concludes that the relator’s employment terminated on March 1, 1982. Such an essentially evidentiary review to resolve disputed “facts” is an anathema to the well-established doctrine that a writ of mandamus is an extraordinary remedy. Such a remedy, as a rule, will not be granted if a plain and…