Ohio Supreme Court, 1995

State ex rel. Cossett v. Executive State Governors Federalism Summit

Ohio Supreme Court · Decided October 18, 1995 · Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright

74 Ohio St. 3d 1416; 655 N.E.2d 737; 1995 Ohio LEXIS 2740

Cases that cite this one

9 later published cases cite this decision.

State ex rel. Kerr v. Kelsey (Ohio Ct. App. 2019)
State ex rel. Williamson v. Toledo (Ohio Ct. App. 2026)
State ex rel. Davis v. Gallagher (Ohio Ct. App. 2022)
State Ex Rel. Mackey v. Blackwell, Unpublished Decision (12-22-2004) (Ohio Ct. App. 2004)
Vidales v. Christiansen, Unpublished Decision (4-28-2003) (Ohio Ct. App. 2003)
State ex rel. Jones v. Garfield Heights Municipal Court (Ohio 1997)
State ex rel. Jones v. Garfield Hts. Mun. Court (Ohio 1997)
Harris v. Sweeney, Unpublished Decision (1-14-2004) (Ohio Ct. App. 2004)
Novak v. State, Unpublished Decision (7-12-2000) (Ohio Ct. App. 2000)

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

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and was considered in a manner prescribed by law.

In State ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559, 653 N.E.2d 371, this court held that, “[w]hile sua sponte dismissal of a complaint without notice is generally inappropriate, it is proper where the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. See State ex rel. Edwards v. Toledo City School Dist. Bd. of Edn. (1995), 72 Ohio St.3d 106, 108, 647 N.E.2d 799, 801, citing Baker v. Dir., U.S. Parole Comm. (C.A.D.C. 1990), 916 F.2d 725, and English v. Cowell (C.A.7, 1993), 10 F.3d 484.” Relators cannot prevail on the facts alleged in their complaint or, indeed, on any set of facts, because this court lacks authority to grant the relief requested in their complaint. Accordingly,

IT IS ORDERED by the court sua sponte that, under the authority of State ex rel. Peeples v. Anderson, this cause be, and hereby is, dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Wright, J., not participating.

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