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STATE EX REL. BENTON'S VILLAGE SANITATION SERVICE INC. v. USHER

No. 72-704.

34 Ohio St. 2d 59 (1973)

THE STATE, EX REL. BENTON'S VILLAGE SANITATION SERVICE, INC., APPELLANT, v. USHER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Messrs. Harkins & Reckless, Mr. Walter W. Reckless, Messrs. Cobourn, Smith, Rohrbacher & Gibson and Mr. Fred A. Smith, for appellant.

Mr. Daniel T. Spitler, prosecuting attorney, and Mr. Robert W. Maurer, for appellees.

O'NEILL, C. J.

It is axiomatic that "the writ of mandamus must not be issued where there is a plain and adequate remedy in the ordinary course of the law." R. C. 2731.05. The majority of the Court of Appeals held that such an adequate remedy at law is available to appellant by way of appeal under R. C. Chapter 2506.

R. C. 2506.01 provides that "every final order, adjudication, or decision" of an administrative...

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