STATE, EX REL. DICKISON v. COURT OF COMMON PLEAS

No. 71-517.

28 Ohio St. 2d 179 (1971)

[THE STATE, EX REL.] DICKISON ET AL., v. COURT OF COMMON PLEAS OF LAKE COUNTY, OHIO.

Supreme Court of Ohio.

Decided December 22, 1971.


Attorney(s) appearing for the Case

Mr. Ellis B. Brannon, for relators.

Messrs. Baker, Byron & Hackenberg and Mr. Barry M. Byron, for respondent.


Per Curiam.

The statutory authority for courts of record in this state to hear declaratory judgment actions is R. C. 2721.02.

Whether to proceed in a declaratory relief action is a matter for the determination of the trial court in the first instance. Following such determination appropriate appellate procedures are available to the parties.

Prohibition will not lie where there is a plain and adequate remedy in the ordinary course of the law...

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