Ohio Supreme Court, 1981

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

Ohio Supreme Court · Decided October 29, 1981 · Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney

68 Ohio St. 2d 38; 428 N.E.2d 401; 22 Ohio Op. 3d 179; 1981 Ohio LEXIS 613

Cases that cite this one

1 later published case cites this decision.

State, Ex Rel. Red Carpet Kamms, Inc. v. Cuyahoga County Board of Elections (Ohio Ct. App. 1988)

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.

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.

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