Legal Opinion

State ex rel. Brookpark Entertainment, Inc. v. Cuyahoga County Board of Elections

Ohio Supreme Court

Decided May 29, 1991No. 90-2255PublishedCited by 15 opinions

1Per curiam

Three conditions must be satisfied before a writ of prohibition will issue: (1) the court or officer against whom the writ is sought is about to exercise judicial or quasi-judicial power, (2) the exercise of such power is unauthorized by law, and (3) refusal of the writ will cause injury for which no adequate remedy in the ordinary cause of law exists. State, ex rel. Racing Guild of Ohio, v. Morgan (1985), 17 Ohio St. 3d 54, 17 OBR 45, 476 N.E. 2d 1060. A writ of mandamus will issue where the relator demonstrates that he is entitled to respondent’s performance of a clear legal duty and that…

2Cases cited15 opinions

  1. Goodson v. McDonough Power Equipment, Inc.Ohio Supreme Court · 1983
  2. Whitehead v. General Telephone Co.Ohio Supreme Court · 1969
  3. Krahn v. KinneyOhio Supreme Court · 1989
  4. Ass'n for Defense of Washington Local School District v. KigerOhio Supreme Court · 1989
  5. State ex rel. Westchester Estates, Inc. v. BaconOhio Supreme Court · 1980

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3Cited by15 opinions

  1. State ex rel. Thurn v. Cuyahoga County Board of ElectionsOhio Supreme Court · 1995
  2. State ex rel. Youngstown v. Mahoning County Board of ElectionsOhio Supreme Court · 1995
  3. State ex rel. City of Bedford v. Board of ElectionsOhio Supreme Court · 1991
  4. Brookpark Entertainment, Inc. v. TaftCourt of Appeals for the Sixth Circuit · 1991
  5. State ex rel. Youngstown v. Mahoning Cty. Bd. of ElectionsOhio Supreme Court · 1995

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