State ex rel. Gillivan v. Ohio Board of Tax Appeals

“The writ of mandamus must not be issued when there is plain and adequate remedy in the ordinary course of the law,” R.C. 2731.05, and Gillivan attempts to establish this in his fourth proposition of law. In response, Perry and BTA rely on State ex rel. Weiss v. Indus. Comm. (1992), 65 Ohio St.3d 470, 605 N.E.2d 37, to argue that Gillivan has an adequate remedy and, therefore, cannot show a condition necessary for the writ to issue. We find Weiss dispositive and, therefore, do not reach Gillivan’s remaining arguments.

In Weiss, an allegedly classified civil servant sought a writ of mandamus to…