STATE, EX REL. O'GRADY v. BROWN

No. 76-1092.

48 Ohio St. 2d 17 (1976)

THE STATE, EX REL. O'GRADY ET AL., v. BROWN, SECY. OF STATE.

Supreme Court of Ohio.

Decided October 19, 1976.


Attorney(s) appearing for the Case

Messrs. Alexander, Ebinger, Holschuh, Fisher & McAlister and Mr. Robert B. McAlister, for relators.

Mr. William J. Brown, attorney general, and Mr. Thomas V. Martin, for respondent Secretary of State.

Messrs. Moots, Hulton, Weinberger & Cope, Mr. Robert M. Weinberger, Mr. Edward A. Harter and Mr. John Quinn, for respondent intervenors.


Per Curiam.

The determinative issue presented in this cause is whether a writ of prohibition is an available remedy for the relief sought by relators.

"It has long been the law of this state that the conditions which must exist to support the issuance of a writ of prohibition are: (1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise...

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