State ex rel. Laramie Corp. v. City of Cleveland

Ohio Supreme Court March 18, 1981

State ex rel. Laramie Corp. v. City of Cleveland, 65 Ohio St. 2d 35 (Ohio 1981)

419 N.E.2d 1; 19 Ohio Op. 3d 227; 1981 Ohio LEXIS 440

Brown, Celebrezze, Fourth, Holmes, Locher, Stephenson, Sweeney

Opinion of the Court

Per Curiam.

A writ of mandamus is an extraordinary remedy, which will not be granted if relator has a plain and adequate remedy at law. State, ex rel. Square, v. Planning Comm. (1980), 64 Ohio St. 2d 128; State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42.

Appellant in the instant cause has a plain and adequate remedy at law by way of appeal from the decision of the Cleveland Municipal Court. Indeed, appellant is presently taking advantage of that remedy, having appealed that decision to the Court of Appeals, where it is now pending. Accordingly, the writ must be denied. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Celebrezze, C. J., W. Brown, P. Brown, Stephenson, Locher, Holmes and C. Brown, JJ., concur. Stephenson, J., of the Fourth Appellate District, sitting for Sweeney, J.

Reference

Full Case Name: The State, ex rel. Laramie Corporation, d.b.a. New Era Burlesk v. City of Cleveland
Cited By: 2 cases
Status: Published