STATE, EX REL. SIBARCO CORP., v. CITY OF BEREA

No. 39846.

7 Ohio St. 2d 85 (1966)

THE STATE, EX REL. SIBARCO CORP. ET AL., APPELLEES, v. CITY OF BEREA ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 6, 1966.


Attorney(s) appearing for the Case

Mr. Sanford W. Likover, for appellees.

Mr. John D. Munkacsy, director of law, Messrs. Squire, Sanders & Dempsey and Mr. James A. Smith, for appellants.


HERBERT, J.

Appellants contend that the Court of Appeals exceeded the original jurisdiction conferred upon it by the Constitution of Ohio, Section 6, Article IV, when it allowed the extraordinary writ of mandamus to issue although relators had available a plain and adequate remedy in the ordinary course of law by way of appeal pursuant to Chapter 2506 of the Revised Code.

The decisions of the Supreme Court have been quite inconsistent and conflicting in recent...

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