STATE, EX REL. MIDDLETOWN BD. OF EDN. v. BUTTER CTY. BUDGET COMM.

No. 87-69.

31 Ohio St. 3d 251 (1987)

THE STATE, EX REL. BOARD OF EDUCATION OF THE MIDDLETOWN CITY SCHOOL DISTRICT ET AL., v. BUTLER COUNTY BUDGET COMMISSION ET AL.

Supreme Court of Ohio.

Decided July 15, 1987.


Attorney(s) appearing for the Case

Frost & Jacobs, Larry H. McMittin and Gregory A. Keyser, for relators.

John F. Holcomb, prosecuting attorney, and Patrick P. Connelly, for respondents.

Anthony J. Celebrezze, Jr., attorney general, and Richard C. Farrin, urging denial of the writ for amicus curiae, Tax Commissioner.


LOCHER, J.

The issue at bar is whether we should issue a writ of mandamus compelling respondents to levy the full amount of the emergency school levies. For the reasons to follow we decline to issue such a writ.

In order for the extraordinary writ of mandamus to issue, this court "must find that the relator has a clear legal right to the relief prayed for, that the respondent is under a clear legal duty to perform the requested act, and that relator has no...

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