Cuyahoga County Bd. of Mental Retardation v. Cuyahoga County Bd. of Commrs.

The question presented here is whether a voter-approved levy in excess of the ten-mill limitation may be placed upon the tax list of the current year.

Appellants argue, first, that mandamus is not the proper remedy. They contend that the individual relators have an adequate remedy at law pursuant to R. C. 5705.343, and that the board of mental retardation has no standing and cannot sue.

It is agreed by the parties that the board of mental l’etardation has no plain and adequate remedy at law pursuant to R. C. 5705.341, or any other procedure. Consequently, if the board has the standing and…