STATE EX REL. FENSKE v. McGOVERN

No. 83-919.

11 Ohio St. 3d 129 (1984)

THE STATE, EX REL. FENSKE, APPELLANT, v. McGOVERN, AUDITOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 13, 1984.


Attorney(s) appearing for the Case

Foth, Kelly & Urban Co., L.P.A., Mr. Thomas A. Kelly and Mr. John H. West, for appellant.

Mr. Arthur P. Lambros, for appellees.


WHITESIDE, J.

The threshold issue before this court is whether mandamus is an appropriate remedy, respondents contending that relator has adequate remedies at law by way of an action for money only, an action for declaratory judgment or an action for injunctive relief.

As to injunctive relief, necessarily it would be mandatory in nature since relator seeks to compel respondents to perform an alleged clear legal duty. The extraordinary remedy of mandatory injunction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases