State ex rel. Buian v. Kadlec

Appellant is basically maintaining that the commission and its members have breached a contract of employment with him. Although he admits submitting a resignation, he avers that he made a revocation of this resignation prior to its acceptance by the commission and its members. However, the commission did “accept” the resignation and proceed to appoint an interim and, eventually, a permanent director.

A writ of quo warranto issues only where there is a clear legal right to the relief requested and is not the proper remedy to test the right of a person having prima facie title to an office.…