State ex rel. Beacon Journal Publishing Co. v. Radel

This case presents serious factual and legal issues, but the court of appeals did not address them; instead, it summarily granted a peremptory writ of mandamus, giving appellants no chance to challenge Beacon Journal’s assertions. We conclude that *103the court of appeals improperly issued the writ.

A court may grant a peremptory writ only in limited circumstances. R.C. 2731.06 provides: “When the right to require the performance of an act is clear and it is apparent that no valid excuse can be given for not doing it, a court, in the first instance, may allow a peremptory mandamus. * * *”

We have…