Legal Opinion

Patton v. Springfield Board of Education

Ohio Supreme Court

Decided November 30, 1988No. 87-1073PublishedCited by 7 opinions

1Per curiam

Before a court may grant a writ of mandamus, it must find that the relator has a clear legal right to the relief prayed for, that the respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42, 15 O.O. 3d 53, 399 N.E. 2d 81, paragraph one of the syllabus. The writ of mandamus is not granted by right. It is a high prerogative writ, and its issuance rests in the sound discretion of the court. State, ex rel. Mettler, v. Stratton (1941), 139 Ohio St. 86, 22 O.O. 56,…

2Cases cited4 opinions

  1. State ex rel. Westchester Estates, Inc. v. BaconOhio Supreme Court · 1980
  2. State Ex Rel. Mettler v. StrattonOhio Supreme Court · 1941
  3. State ex rel. Brown v. Board of County Commrs.Ohio Supreme Court · 1970
  4. City of Fostoria v. State Ex Rel. BinleyOhio Supreme Court · 1932

3Cited by7 opinions

  1. State Ex Rel. Hrelec v. City of CampbellOhio Court of Appeals · 2001
  2. State ex rel. Gallagher v. Collier-WilliamsOhio Court of Appeals · 2022
  3. State Ex Rel. DeMint v. City of ChillicotheOhio Court of Appeals · 1991
  4. State ex rel. Barhorst v. Shelby Cty. Bd. of ElectionsOhio Court of Appeals · 2015
  5. State ex rel. Langhenry v. Britt (Slip Opinion)Ohio Supreme Court · 2017

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