Legal Opinion

State ex rel. Benton's Village Sanitation Service, Inc. v. Usher

Ohio Supreme Court

Decided April 25, 1973No. 72-704PublishedCited by 7 opinions

1Opinion of the CourtO’Neill, C. J.

It is axiomatic that “the writ of mandamus must not be issued where there is a plain and adequate remedy in the ordinary course of the law.” R. C. *612731.05. The majority of the Court of Appeals held that such an adequate remedy at law is available to appellant by way of appeal under E. C. Chapter 2506.

E. C. 2506.01 provides that “every final order, adjudication, or decision” of an administrative body is appealable to the Common Pleas Court. However, this statute also provides that “a ‘final order, adjudication, or decision’ does not include * * * any order which does not constitute a…

2Cases cited3 opinions

  1. Durbin v. Barber & BarneyOhio Supreme Court · 1846
  2. State Ex Rel. Masters v. BeamerOhio Supreme Court · 1923
  3. State Ex Rel. City of Middletown v. City Commission of MiddletownOhio Supreme Court · 1942

3Cited by7 opinions

  1. State ex rel. Huntington Insurance Agency, Inc. v. DuryeeOhio Supreme Court · 1995
  2. State ex rel. Board of Education v. State Board of EducationOhio Supreme Court · 1978
  3. State ex rel. Huntington Ins. Agency, Inc. v. DuryeeOhio Supreme Court · 1995
  4. State Ex Rel. Widmar v. Mohney, 2007-G-2776 (3-7-2008)Ohio Court of Appeals · 2008
  5. Neiman v. DonofrioOhio Court of Appeals · 1992

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