STATE, EX REL. ASSOCIATED LAND & INVESTMENT CORP. v. LYNDHURST

No. 35492.

168 Ohio St. 289 (1958)

THE STATE, EX REL. ASSOCIATED LAND & INVESTMENT CORP., APPELLEE, v. CITY OF LYNDHURST ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 26, 1958.


Attorney(s) appearing for the Case

Messrs. Rager & Forrester and Mr. Ralph D. Kovanda, for appellee.

Mr. Arthur T. Wincek, for appellants.


HERBERT, J.

Respondents contend that the Court of Appeals erred in failing to dismiss relator's petition for the reasons that (a) it fails to state a cause of action and (b) it does not set forth a clear right to the remedy of mandamus. Following their own argument, reason (a) must fail since all the pertinent facts are supplied by the two pleadings, and the only disputed fact is as to whether the relator's proposal provided for 23 parking spaces as alleged in the...

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