State ex rel. Ney v. Governor of the State
State ex rel. Ney v. Governor of the State
Opinion of the Court
We hereby grant the motion to intervene and dismiss the cause on authority of State, ex rel. First Natl. Bank, v. Botkins (1943), 141 Ohio St. 437, 25 O.O. 576, 48 N.E. 2d 865, paragraph two of the syllabus:
“Where prior actions, to which relator could be made a party and which involve the same subject matter as the instant action, are pending in another court having jurisdiction to grant full and adequate relief to all parties, a writ of mandamus will not be granted during the pendency of such prior actions.”
Upon examination of the complaint filed in the Court of Common Pleas of Franklin County in Wilson v. Maurer, case No. 91CVH01-763, we find that the subject matter of the instant action is or could be covered by the allegations made in that case and that the Court of Common Pleas of Franklin County has jurisdiction to grant full and adequate relief to all parties. Moreover, we believe that adjudication in that court will develop a full record on a wider range of clemency actions of the former Governor that will better serve a reviewing court.
We are aware that respondent Lampkin was not joined as a defendant in the declaratory judgment action, nor has relators’ claim concerning the Governor’s duty to report to the General Assembly been clearly specified in that complaint. We find, however, that Civ. R. 24 offers relators sufficient opportunity to intervene and file their own pleadings and motion for joinder. Likewise, we find it immaterial that the declaratory judgment action was filed one day before the instant action. Accordingly,
IT IS ORDERED by the court that' the motions to intervene and to dismiss be, and the same are hereby, granted.
See State v. Brown (1988), 38 Ohio St. 3d 305, 528 N.E. 2d 523.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.