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STATE, EX REL., CHILLICOTHE GAZETTE, INC. v. COURT OF COMMON PLEAS

No. 82-1626.

2 Ohio St. 3d 24 (1982)

THE STATE, EX REL., CHILLICOTHE GAZETTE, INC., APPELLEE, v. COURT OF COMMON PLEAS OF ROSS COUNTY, ET AL.; KISER, APPELLANT.

Supreme Court of Ohio.

Decided December 9, 1982.

Attorney(s) appearing for the Case

Messrs. Keating, Muething & Klekamp, Mr. Richard L. Creighton, Jr., Bunstine, Moore, Corzine & Bunch Co., L.P.A., and Mr. William J. Corzine, III, for appellee.

Mr. Randall M. Dana, public defender, and Mr. Harry R. Reinhart, for appellant.

Messrs. Gingher & Christensen, Mr. Paul R. Gingher and Mr. Malcolm M. Miller, urging affirmance, for amicus curiae Ohio Newspaper Association.

Messrs. Baker & Hostetler, Mr. George W. Hairston, Mr. Terence P. Kemp and Mr. Bruce W. Sanford, urging affirmance, for amicus curiae Cincinnati Post, Cleveland Plain Dealer, Columbus Citizen-Journal and Columbus Dispatch.

Messrs. Roetzel & Andress and Mr. Norman S. Carr, urging affirmance, for amicus curiae Akron Beacon Journal.

Messrs. Keating, Muething & Klekamp and Mr. Richard L. Creighton, Jr., urging affirmance, for amicus curiae Cincinnati Enquirer, Inc.

Per Curiam.

This court has consistently held that prohibition will lie only where (1) the court against whom it is sought is about to exercise judicial or quasi-judicial power, (2) the exercise of that power is unlawful, and (3) the refusal of the writ would result in injury for which there is no adequate remedy at law. State, ex rel. Rose Hill Burial Park, v. Moser (1982), 1 Ohio St.3d 13, 14.

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