Legal Opinion

State ex rel. Montrie Nursing Home, Inc. v. Aggrey

Ohio Supreme Court

Decided July 16, 1980No. 79-1635PublishedCited by 5 opinions

1Per curiam

Ordinarily, there are three prerequisites to the issuance of a writ of mandamus. As this court held in the *126first paragraph of the syllabus in State, ex rel Heller, v. Miller (1980), 61 Ohio St. 2d 6:

“In order to grant a writ of mandamus, the court must find that relator has a clear legal right to the relief prayed for, that respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law.***”

In addition, this court has held that in order for a relator to receive money due him by a state official, the amount recoverable must be…

2Cases cited3 opinions

  1. State ex rel. Heller v. MillerOhio Supreme Court · 1980
  2. Monaghan v. RichleyOhio Supreme Court · 1972
  3. State ex rel. Dean v. HuddleOhio Supreme Court · 1976

3Cited by5 opinions

  1. State ex rel. Shady Acres Nursing Home, Inc. v. RhodesOhio Supreme Court · 1983
  2. State, Ex Rel. Consumers League v. RatchfordOhio Court of Appeals · 1982
  3. Ohio Academy of Nursing Homes, Inc. v. BarryOhio Supreme Court · 1990
  4. Worthington Nursing Home, Inc. v. CreasyOhio Court of Appeals · 1982
  5. State Ex Rel. Moore v. Summit County Board of ElectionsOhio Court of Appeals · 1987

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