STATE, EX REL. BD. OF EDN., v. STATE DEPT. OF EDN.

No. 80-1598.

67 Ohio St. 2d 126 (1981)

THE STATE, EX REL., BOARD OF EDUCATION OF DAYTON ET AL., v. STATE DEPARTMENT OF EDUCATION ET AL.

Supreme Court of Ohio.

Decided July 8, 1981.


Attorney(s) appearing for the Case

Messrs. Pickrel, Schaeffer & Ebeling, Mr. John P. McHugh and Mr. William L. Havemann, for relators.

Mr. William J. Brown, attorney general, for respondents: Mr. Gary E. Brown, for Department of Education and Superintendent of Public Instruction; Mr. Joel S. Taylor and Mr. James B. Recchie, for Controlling Board et al.; Ms. Kathleen McManus and Mr. Robert P. Sherman, for Auditor of State; Mr. David H. Beaver, for Director of Budget & Management and Department of Administrative Services; Mr. Ronald H. Snyder, for Treasurer of State.


Per Curiam.

Two questions are presented by this case. First, whether relators are entitled to a writ of mandamus compelling SDE to submit its bus subsidy request to the Controlling Board; and, second, whether a writ should issue requiring the Controlling Board to reimburse relators for the purchase of school buses.

Entitlement to a writ of mandamus requires relators show "(1) that they have a clear legal right to the relief prayed for, (2) that respondents...

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