Legal Opinion

State ex rel. Allied Chemical Corp. v. Earhart

Ohio Supreme Court

Decided March 20, 1974No. 73-771PublishedCited by 9 opinions

1Per curiam

The question before the court is whether the issuance of a writ of prohibition is proper in this ease. State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St. 2d 6, 8, 260 N. E. 2d 827, sets forth three conditions prerequisite to issuance of a writ of prohibition, as follows:

‘ ‘ * * * (1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy; (3) the exercise of such power must amount to an unauthorized usurpation…

2Cases cited3 opinions

  1. State ex rel. Adams v. GusweilerOhio Supreme Court · 1972
  2. State ex rel. Northern Ohio Telephone Co. v. WinterOhio Supreme Court · 1970
  3. State, Ex Rel. v. Ind. Com.Ohio Supreme Court · 1944

3Cited by9 opinions

  1. State ex rel. Johnson v. County CourtOhio Supreme Court · 1986
  2. State ex rel. Dayton Power & Light Co. v. KistlerOhio Supreme Court · 1979
  3. Allen v. Eastman Kodak Co.Ohio Court of Appeals · 1976
  4. State ex rel. Republic Steel Corp. v. Environmental Board of ReviewOhio Supreme Court · 1978
  5. State ex rel. Zakany v. AvelloneOhio Supreme Court · 1979

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