BD. OF MENTAL RETARDATION v. BD. OF COMMRS.

No. 73-971.

41 Ohio St. 2d 103 (1975)

CUYAHOGA COUNTY BD. OF MENTAL RETARDATION ET AL., APPELLEES, v. CUYAHOGA COUNTY BD. OF COMMRS. ET AL.; CUYAHOGA COUNTY BUDGET COMM. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 12, 1975.


Attorney(s) appearing for the Case

Messrs. Payne & Payne and Mr. Francis M. Payne, for appellees.

Mr. John T. Corrigan, prosecuting attorney, and Mr. John L. Dowling, for appellants.


CELEBREZZE, J.

The question presented here is whether a voter-approved levy in excess of the ten-mill limitation may be placed upon the tax list of the current year.

Appellants argue, first, that mandamus is not the proper remedy. They contend that the individual relators have an adequate remedy at law pursuant to R. C. 5705.341, and that the board of mental retardation has no standing and cannot sue.

It is agreed by the parties that the board of mental...

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