STATE EX REL. F. P. & E. RY. CO. v. COMMON PLEAS COURT

No. 77-576.

54 Ohio St. 2d 261 (1978)

THE STATE, EX REL. FAIRPORT, PAINESVILLE & EASTERN RAILWAY CO., v. COMMON PLEAS COURT OF LAKE COUNTY ET AL.

Supreme Court of Ohio.

Decided May 17, 1978.


Attorney(s) appearing for the Case

Messrs. Alexander, Ebinger, Holschuh, Fisher & McAlister, Mr. Thomas P. Michael, Mr. Thomas L. Long, Messrs. Crandall & Orosz and Mr. Arthur B. Crandall, for relator.

Mr. John E. Shoop, prosecuting attorney, Mr. David L. Lavinder and Mr. Gregory Sasse, for respondent Judge John M. Parks.


Per Curiam.

Relator contends that the Court of Common Pleas of Lake County is "clearly without jurisdiction" to grant the relief sought in Diamond Shamrock's declaratory judgment action and that relator is without an adequate remedy at law.

It is clear that the statutory authority for the Court of Common Pleas to hear declaratory judgment actions is contained in R. C. 2721.02.

"Whether to proceed in a declaratory relief action is a matter for...

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