State ex rel. Toncray v. Summit County Board of Elections

Ohio Supreme Court
State ex rel. Toncray v. Summit County Board of Elections, 68 Ohio St. 2d 38 (Ohio 1981)
428 N.E.2d 401; 22 Ohio Op. 3d 179; 1981 Ohio LEXIS 613
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney

State ex rel. Toncray v. Summit County Board of Elections

Opinion of the Court

Per Curiam.

Relator’s complaint does not seek relief which may be granted in an action in prohibition. Prohibition lies to prevent the usurpation of judicial or quasi-judicial power. See State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St. 2d 11. The action of a board of elections in placing issues on the ballot is not an exercise of quasi-judicial power. State, ex rel. Williams, v. Brown (1977), 52 Ohio St. 2d 13, 16; State, ex rel. O’Grady, v. Brown (1976), 48 Ohio St. 2d 17, 20.

*39Accordingly, the writ is denied.

Writ denied.

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

Reference

Full Case Name
The State, ex rel. Toncray v. Summit County Board of Elections
Cited By
1 case
Status
Published