Ohio Supreme Court, 1981

State ex rel. Kabatek v. Stackhouse

Ohio Supreme Court · Decided April 22, 1981 · Brown, Celebrezze, Holmes, Locher, Sweeney

66 Ohio St. 2d 64; 419 N.E.2d 877; 20 Ohio Op. 3d 58; 1981 Ohio LEXIS 473

Cases that cite this one

3 later published cases cite this decision.

State Ex Rel. Butterbaugh v. Ross County Board of Commissioners (Ohio Ct. App. 1992)
Millington v. Morrow County Bd. of Commiss., 2008ca0011 (5-14-2009) (Ohio Ct. App. 2009)
State ex rel. Gibbons v. City of Cleveland (Ohio 1984)

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.

The only issue before this court is whether appellant utilized the proper remedy to obtain back pay, benefits, and reinstatement allegedly due him from the layoff *65of October 21, 1977. Mandamus is the proper remedy under these facts. State, ex rel Hamlin, v. Collins (1981), 65 Ohio St. 2d 63; State, ex rel. Colangelo, v. McFaul (1980), 62 Ohio St. 2d 200; State, ex rel. Martin, v. Columbus (1979), 58 Ohio St. 2d 261; State, ex rel. Osborn, v. Jackson (1976), 46 Ohio St. 2d 41; State, ex rel. Dean, v. Huddle (1976), 45 Ohio St. 2d 234; Monaghan v. Richley (1972), 32 Ohio St. 2d 190.

The layoff of appellant on July 6, 1979, and any pending court actions resulting from that layoff, do not have a direct impact on the propriety of mandamus resulting from the layoff of October 21,1977. Thus, the pending action was improperly considered by the Court of Appeals.

Appellees’ allegation that appellant retired retroactively to November 1,1977, is a factual question to be decided by the Court of Appeals and can be taken into consideration in the granting of back pay, if any, due to appellant.

For the foregoing reason, the judgment of the Court of Appeals is reversed and the cause is remanded for further proceedings.

Judgment reversed and cause remanded.

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

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