Ohio Supreme Court, 1977

State ex rel. Essex v. Riley

Ohio Supreme Court · Decided July 6, 1977 · Brown, Celebrezze, Herbert, Locher, Neill, Sweeney

51 Ohio St. 2d 44; 364 N.E.2d 1139; 5 Ohio Op. 3d 24; 1977 Ohio LEXIS 437

Cases that cite this one

1 later published case cites this decision.

State, Dept. of Mental Health v. Reynolds (Ohio Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Although the parties do not mention the. matter in their briefs, we take judicial notice of the fact that relator, Mr. Martin W. Essex, is no longer the Ohio Superintendent of Public Instruction. Since Essex was a defendant in the pending action only in his official capacity and has no present interest in the litigation, no current reason exists which would require the imposition of the extraordinary remedy of prohibition in his behalf.

The motion for a permanent writ is denied.

Writ denied.

Celebrezze, P. Brown, Sweeney and Locher, JJ., concur. O’Neill, C. J., and Herbert, J., dissent. W. Brown, J., not participating.

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