STATE, EX REL. RILEY CONSTRUCTION CO. v. EAST LIVERPOOL CITY SCHOOL

No. 40587.

10 Ohio St. 2d 25 (1967)

THE STATE, EX REL. RILEY CONSTRUCTION CO., v. EAST LIVERPOOL CITY SCHOOL DISTRICT BOARD OF EDUCATION ET AL.

Supreme Court of Ohio.

Decided March 29, 1967.


Attorney(s) appearing for the Case

Messrs. Fitch & Kendall and Mr. Alfred L. Fitch, for relator.

Mr. Joseph W. C. Cooper, Mr. William B. Saxbe, attorney general, and Mr. Robert D. Macklin, for respondents.


ZIMMERMAN, J.

We think that the remedy of mandamus chosen by relator is properly assertible in this court because of the lack of an adequate remedy in the ordinary course of the law. Time and costs may sometimes be controlling, and, where a school building program, for instance, must be completed promptly with the expenditure of a limited amount of money, this court will entertain an original action in mandamus rather than relegate the parties to the Court of Common...

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