STATE EX REL. CITY OF NILES v. BERNARD

No. 77-236.

53 Ohio St. 2d 31 (1978)

THE STATE, EX REL. CITY OF NILES, v. BERNARD ET AL.

Supreme Court of Ohio.

Decided February 1, 1978.


Attorney(s) appearing for the Case

Mr. Mitchell F. Shaker, city solicitor, for relator.

Mr. Mitchell F. Shaker, city solicitor, for respondents

Mr. Fremont J. Camerino, Mr. Arthur M. Doutt and Mr. Phillip A. Rickard, Jr.

Messrs Pfau, Comstock & Springer, and Mr. David C. Comstock, for respondents Mr. Joseph Cicero, Mr. Ralph Infante and Mr. Gevene C. Sprecacenere.

Mr. Nick A. Bernard, Mr. John J. Burke, Mr. Anthony R. Corea and Mr. Lawrence A. Zachariah, for respondents pro se.


Per Curiam.

The instant action has been filed with this court pursuant to R. C. 733.58, which provides:

"In case an officer or board of a municipal corporation fails to perform any duty expressly enjoined by law or ordinance, the solicitor shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty." (Emphasis added.)

To demonstrate that he is entitled to a writ of mandamus, a relator...

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