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STATE, EX REL. TOWN & SUBURB DEVELOPEMTN CO. v. MASER

No. 37029.

172 Ohio St. 505 (1961)

THE STATE, EX REL. TOWN & SUBURB DEVELOPMENT CO., APPELLEE, v. MASER, MAYOR, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 20, 1961.

Attorney(s) appearing for the Case

Messrs. Terrell, Williams & Salim, for appellee.

Mr. Elmer R. Vanek, director of law, and Messrs. Krause, Klein & Fromson, for appellants.

Per Curiam.

By this proceeding in mandamus, relator is attempting to control the legislative discretion of the city council of Maple Heights in the exercise of its police power. A writ of mandamus may not be used to control legislative discretion. See State, ex rel. De Ville Photography, Inc., v. McCarroll, Judge, 167 Ohio St. 210.

The relator having failed to establish a clear legal duty on the...

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