Relator has a plain and adequate remedy by way of mandatory injunction which he could have sought in the Court of Common Pleas.
The judgment of the Court of Appeals is affirmed.
TAFT, C. J., ZIMMERMAN, MATTHIAS, O'NEILL, SCHNEIDER and BROWN, JJ., concur.
HERBERT, J., dissenting. The question posed in this case is identical to that posed in State, ex rel. Durek, v. Masheter, Dir. of Hwys., 9 Ohio St.2d 76: Does the availability of mandatory injunction or mandamus in the Court of Common Pleas preclude a Court of Appeals from hearing an original action in mandamus on the merits? The answer to that must be in the negative for the reasons stated in my concurring opinion in Durek.