State ex rel. Casey Outdoor Advertising, Inc. v. Ohio Department of Transportation

The issue presented is whether the court of appeals, in refusing to issue the writ, abused its discretion.

State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O.2d 141, 228 N.E.2d 631, is dispositive. Paragraph three of the syllabus reads as follows:

“When a petition stating a proper cause of action in mandamus is filed originally in the Supreme Court or in the Court of Appeals, and it is determined that the relator has a plain and adequate remedy in the ordinary course of the law by way of appeal, neither the Supreme Court nor the Court of Appeals has authority to exercise…