STATE EX REL. BD. OF COUNTY COMMRS. v. COURT OF COMMON PLEAS

No. 77-1354.

54 Ohio St. 2d 354 (1978)

THE STATE, EX REL. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, APPELLANT, v. COURT OF COMMON PLEAS OF BUTLER COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 14, 1978.


Attorney(s) appearing for the Case

Mr. Michael T. Gmoser, for appellant.

Baden, Jones, Scheper & Crehan Co., L. P. A., and Mr. Matthew J. Crehan, for appellees.


Per Curiam.

A court may not issue a writ of prohibition unless it determines that all the following conditions apply:

"* * * (1) The court or officer against whom it is sought must be about to exercise a judicial or quasi-judicial power; (2) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy; (3) the exercise of such power must amount to an unauthorized...

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