Legal Opinion

State ex rel. Cleveland Right to Life v. State of Ohio Controlling Bd.

Ohio Supreme Court

Decided December 20, 2013No. 2013-1668PublishedCited by 25 opinions

1Opinion of the CourtO’Connor, C.J.

{¶ 1} This case came on for consideration upon relators’ request for writs of mandamus and prohibition. Relators have abandoned their request for prohibition, as they fail to argue it on the merits in their briefs. We therefore concentrate our efforts on the prayer for a writ of mandamus.

{¶ 2} To be entitled to a writ of mandamus, the relators must establish (1) a clear legal right to the requested relief, (2) a clear legal duty on the part of the relevant agency or governmental unit to provide it, and (3) the lack of an adequate remedy in the ordinary course of the law. State ex rel. Waters…

2Cases cited6 opinions

  1. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  2. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  3. Frew Ex Rel. Frew v. HawkinsSupreme Court of the United States · 2004
  4. State ex rel. Waters v. SpaethOhio Supreme Court · 2012
  5. Pharmaceutical Research and Manufacturers of America v. Walsh, Acting Commissioner, Maine Department of Human ServicesSupreme Court of the United States · 2003

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3Cited by25 opinions

  1. State ex rel. Manley v. Walsh (Slip Opinion)Ohio Supreme Court · 2014
  2. State ex rel. Bailey v. Parole Bd. (Slip Opinions)Ohio Supreme Court · 2017
  3. State ex rel. Ohioans for Secure & Fair Elections v. LaRose (Slip Opinion)Ohio Supreme Court · 2020
  4. State v. Perkins Local Sch. Bd. of Educ., Court of Appeals of Ohio, Sixth District, Erie County2017
  5. State ex rel. Frank v. Ohio State Univ. (Slip Opinion)Ohio Supreme Court · 2020

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