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STATE EX REL. McGARVEY v. ZEIGLER

No. 79-1649.

62 Ohio St. 2d 320 (1980)

THE STATE, EX REL. McGARVEY, APPELLEE AND CROSS-APPELLANT, v. ZEIGLER, EXEC. DIR., ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided June 11, 1980.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee, Mr. James E. Melle and Ms. Sharon V. Fladen, for appellee and cross-appellant.

Mr. William J. Brown, attorney general, and Mr. Paul L. Cox, for appellants and cross-appellees.

Per Curiam.

Appellee has an adequate remedy in the ordinary course of law through a declaratory judgment action under R. C. 2721.01 et seq. However, availability of this remedy was apparently not considered by either the appellee or the appellate court.

This court stated in State, ex rel. Dollison, v. Reddy (1978), 55 Ohio St.2d 59, 60, that "* * * [t]he availability of a declaratory judgment...

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