Legal Opinion

State ex rel. Toncray v. Summit County Board of Elections

Ohio Supreme Court

Decided October 29, 1981No. 81-1529PublishedCited by 1 opinion

1Per curiam

Relator’s complaint does not seek relief which may be granted in an action in prohibition. Prohibition lies to prevent the usurpation of judicial or quasi-judicial power. See State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St. 2d 11. The action of a board of elections in placing issues on the ballot is not an exercise of quasi-judicial power. State, ex rel. Williams, v. Brown (1977), 52 Ohio St. 2d 13, 16; State, ex rel. O’Grady, v. Brown (1976), 48 Ohio St. 2d 17, 20.

*39Accordingly, the writ is denied.

Writ denied.

Celebrezze, C. J., W. Brown, Sweeney, Locher, Holmes, C. Brown and Krupansky,…

2Cases cited3 opinions

  1. State ex rel. Williams v. BrownOhio Supreme Court · 1977
  2. State ex rel. Lehmann v. CmichOhio Supreme Court · 1970
  3. State ex rel. O'Grady v. BrownOhio Supreme Court · 1976

3Cited by1 opinion

  1. State, Ex Rel. Red Carpet Kamms, Inc. v. Cuyahoga County Board of ElectionsOhio Court of Appeals · 1988

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