Legal Opinion

State ex rel. Dollison v. Reddy

Ohio Supreme Court

Decided July 12, 1978No. 77-1374PublishedCited by 26 opinions

1Per curiam

Neither this court nor the Court of Appeals has discretion to decline jurisdiction of an action in mandamus. State, ex rel. Pressley, v. Indus. Comm. *60(1967), 11 Ohio St. 2d 141. Whether the writ should be allowed in a given case is discretionary with the court.

Mandamus is available to the relator in the present cause, even though he might have sought á declaratory judgment. The availability of a declaratory judgment action does not bar the issuance of a writ of mandamus when the relator otherwise makes a proper showing, although the court may consider the availability of declaratory judgment…

2Cases cited3 opinions

  1. State ex rel. Pressley v. Industrial CommissionOhio Supreme Court · 1967
  2. State ex rel. Bennett v. LimeOhio Supreme Court · 1978
  3. City of Kettering v. BakerOhio Supreme Court · 1975

3Cited by26 opinions

  1. Gates Mills Investment Co. v. Village of Pepper PikeOhio Court of Appeals · 1978
  2. State ex rel. Alford v. Willoughby Civil Service CommissionOhio Supreme Court · 1979
  3. State ex rel. Fenske v. McGovernOhio Supreme Court · 1984
  4. State ex rel. Bennett v. LimeOhio Supreme Court · 1978
  5. State ex rel. Eliza Jennings, Inc. v. NobleOhio Supreme Court · 1990

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