Ohio Supreme Court, 1978

State ex rel. Bennett v. Lime

Ohio Supreme Court · Decided July 12, 1978 · Brown, Celebrezze, Herbert, Locher, Neill, Sweeney

55 Ohio St. 2d 62; 378 N.E.2d 152; 9 Ohio Op. 3d 69; 1978 Ohio LEXIS 616

Cases that cite this one

46 later published cases cite this decision. The 25 that cite it most often are listed here.

State ex rel. Claugus Family Farm, L.P. v. Seventh Dist. Court of Appeals (Slip Opinion) (Ohio 2016)
State ex rel. Gilmour Realty, Inc. v. City of Mayfield Heights (Ohio 2008)
State ex rel. City of Lorain v. Stewart (Ohio 2008)
State Ex Rel. Gilbert v. City of Cincinnati (Ohio Ct. App. 2007)
State Ex Rel. Gilmour Realty, Inc. v. City of Mayfield Heights (Ohio Ct. App. 2007)
State ex rel. Beane v. City of Dayton (Ohio 2007)
State ex rel. Crobaugh v. White (Ohio 2001)
State ex rel. Gaydosh v. City of Twinsburg (Ohio 2001)
State ex rel. Gaydosh v. Twinsburg (Ohio 2001)
State ex rel. Crobaugh v. White (Ohio 2001)
State Ex Rel. Strothers v. Murphy (Ohio Ct. App. 1999)
State ex rel. Fattlar v. Boyle (Ohio 1998)
State ex rel. Fattlar v. Boyle (Ohio 1998)
State ex rel. Findlay Publishing Co. v. Schroeder (Ohio 1996)
State ex rel. Findlay Publishing Co. v. Schroeder (Ohio 1996)
State ex rel. Huntington Insurance Agency, Inc. v. Duryee (Ohio 1995)
State ex rel. Huntington Ins. Agency, Inc. v. Duryee (Ohio 1995)
State Ex Rel. Davis v. Cleary (Ohio Ct. App. 1991)
State of Ohio Ex Rel. Mendy Schwarzmer v. Hon. Judge Janet Burnside (Ohio Ct. App. 2024)
State ex rel. J.H. v. Jones (Ohio Ct. App. 2023)
State ex. rel. Crenshaw v. E. Cleveland Fin. Dept. (Ohio Ct. App. 2022)
State Ex Rel. Essi v. City of Lakewood, Ohio (Ohio Ct. App. 2018)
State ex rel. E. Cleveland v. Norton (Ohio Ct. App. 2013)
State ex rel. GMS Mgt., Co., Inc. v. Lazzaro (Ohio Ct. App. 2012)
State ex rel. Capital One Bank (USA) N.A. v. Karner (Ohio Ct. App. 2011)

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

William B. Brown, J.

The main issue raised by this cause is whether a writ of mandamus should issue to compel the city to pay relators their full salaries as police officers for the period they are on active military duty.

Two of the relator-appellants have already been allowed to pursue declaratory judgment relief in the Court of Common Pleas of Cuyahoga County, and the third could have been joined in that action and can be joined in any appeal of that action. Civ. R. 21.

“Neither this court nor the Court of Appeals has discretion to decline jurisdiction of an action in mandamus. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141, 228 N. E. 2d 631. Whether the writ should be allowed or denied in a given case is discretionary with the court.

“*** The availability of a declaratory judgment action does not bar the issuance of a writ of mandamus when the relator otherwise makes a proper showing, although the court may consider the availability of declaratory judgment as one element in exercising its discretion whether the writ should issue.” State, ex rel. Dollison, v. Reddy ( 1978), 55 Ohio St. 2d 59.

This court concludes that where parties to a mandamus action are also parties, or may be joined as parties, in a previously filed declaratory judgment action involving the same subject matter, a court, in the exercise of its discretion, may refuse to issue a writ of mandamus.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

O’Neill, C. J., Herbert, Celebrezze, P. Brown, Sweeney and Locher, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.