STATE, EX REL. KILLEEN REALTY CO. v. E. CLEVELAND

No. 35867.

169 Ohio St. 375 (1959)

THE STATE, EX REL. THE KILLEEN REALTY CO. ET AL., APPELLEES, v. CITY OF EAST CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 1, 1959.


Attorney(s) appearing for the Case

Messrs. Arter, Hadden, Wykoff & Van Duzer. Mr. Thomas V. Koykka and Mr. William S. Burton, for appellees.

Mr. Stanley G. Webster, director of law, and Mr. Roland, A. Baskin, for appellants.


PECK, J.

It is the contention of the respondents that the relators have no right to maintain an action for a writ of mandamus but "could and should" have brought an action for a declaratory judgment to obtain a determination of the validity of the zoning of their property. Without here passing upon the propriety of the suggested declaratory judgment action, we find that the jurisdictional prerequisites to a mandamus suit exist.

The right to maintain such an...

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