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STATE EX REL. DAYTON POWER & LIGHT CO. v. KISTLER

No. 78-1307.

57 Ohio St. 2d 21 (1979)

THE STATE, EX REL. DAYTON POWER & LIGHT CO., v. KISTLER, JUDGE, ET AL.

Supreme Court of Ohio.

Decided February 21, 1979.

Attorney(s) appearing for the Case

Mr. J. R. Newlin, Mr. Stephen F. Koziar and Mr. Curtis E. McIntyre, for relator.

Mr. L. Craig Hallows, prosecuting attorney, for respondent Judge John M. Kistler.

Messrs. Faust, Harrelson, Fulker & McCarthy, Mr. John E. Fulker and Mr. DeWayne Smith, for intervening respondents M. Carol Smith et al.

Per Curiam.

This court has held on numerous occasions that a writ of prohibition will issue only when the following conditions have been satisfied: (1) the court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must amount to an unauthorized unsurpation of judicial power; and (3) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy...

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