State v. Board of County Commissioners
State v. Board of County Commissioners
Opinion of the Court
The only issue presented is whether the respondent, Board of County Commissioners, is compelled to appropriate and give to the Soldiers’ Relief Commission the amount of money the commission certified it needed, which amount Section 5901.11, Revised Code, requires the board to raise by levy.
Section 5901.11, Revised Code, provides that the Soldiers’ Relief Commission shall determine and certify to the Board of County Commissioners the probable amount necessary for the aid and relief of indigent persons for the ensuing year, and that the Board of County Commissioners 11 shall make the necessary levy,” not to exceed five-tenths of a mill per dollar on the assessed value of the property of the county. This and related sections of the Code make it a mandatory duty of the Board of County Commissioners to provide the sum certified for the use of the Soldiers’ Relief Commission.
Therefore, under the clear language of the statute, the writ of mandamus must be allowed, and the judgment of the Court of Appeals is, therefore, affirmed.
Any hardship which may be imposed on the various county departments by reason of the mandatory nature of the law can be eliminated only by the General Assembly.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.