Ohio Supreme Court, 1980

State ex rel. Square v. Planning Commission of Madison

Ohio Supreme Court · Decided December 17, 1980 · Brown, Celebrezze, Dowd, Holmes, Locher, Sweeney

64 Ohio St. 2d 128; 413 N.E.2d 825; 18 Ohio Op. 3d 362; 1980 Ohio LEXIS 845

Cases that cite this one

5 later published cases cite this decision.

Ormond v. City of Solon, 92272 (3-9-2009) (Ohio Ct. App. 2009)
State ex rel. Ohio Council 8 v. Spellacy (Ohio 1985)
State ex rel. Eudela v. Rogers (Ohio 1984)
State ex rel. Villari v. City of Bedford Heights (Ohio 1984)
State ex rel. Laramie Corp. v. City of Cleveland (Ohio 1981)

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.

“In order to grant a writ of mandamus, a court must find that the relator has a clear right to the relief *129prayed for, that the respondent is under a clear duty to perform the requested act, and that the relator has no plain and adequate remedy at law.” State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42, 44. Relators have a plain and adequate remedy at law in the form of a declaratory judgment action. In P. H. English v. Koster (1980), 61 Ohio St. 2d 17, this court affirmed the trial court’s order that plats are approved by operation of law when a planning commission has failed to comply with its mandatory duty to approve or disapprove the preliminary and final plats within 30 days. P. H. English was brought as a declaratory judgment action.

Since relators have a plain and adequate remedy in the ordinary course of the law, the judgment of the Court of Appeals denying the writ is affirmed.

Judgment affirmed.

Celebrezze, C. J., W. Brown, P. Brown, Sweeney, Locher, Holmes and Dowd, JJ., concur.

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