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STATE, EX REL. TOLEDO-MAUMEE RACEWAYS, INC. v. RACING COMM.

No. 36941.

172 Ohio St. 109 (1961)

THE STATE, EX REL. TOLEDO-MAUMEE RACEWAYS, INC., v. OHIO STATE RACING COMMISSION ET AL.

Supreme Court of Ohio.

Decided March 29, 1961.

Attorney(s) appearing for the Case

Mr. William James Jacobs, Mr. Robert J. Devine and Mr. James H. Tigges, for relator.

Mr. Mark McElroy, attorney general, and Mr. John A. Hoskins, for respondents.

Per Curiam.

Relator's petition fails to state a cause of action for mandamus. The petition discloses on its face that relator has an adequate remedy by way of appeal from the order of the commission, as authorized by the Administrative Procedure Act, Chapter 119, Revised Code. Furthermore, by this proceeding relator is attempting to control the discretion of the commission in issuing racing permits.

A writ...

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