State ex rel. Public Employees Retirees, Inc. v. Public Employees Retirement System

In order for a writ of mandamus to be issued, a relator must show:

“ * * *(1) that he enjoys a clear legal right to the relief for which he prays, (2) that respondent is under a clear legal duty to perform the act demanded by relator, and (3) that he has no plain and adequate remedy in the ordinary course of the law.” State, ex rel. Niles, v. Bernard (1978), 53 Ohio St. 2d 31, at page 33.

Relator’s right of access to the list of names and addresses of member retirees of PERS, and the duty of PERS to make these lists available to relator, are governed by R. C. 149.43, which provides:

“As used in…