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STATE, EX REL. TOLEDO, v. BD. OF COMMRS. OF LUCAS CTY.

No. 87-350.

32 Ohio St. 3d 352 (1987)

THE STATE, EX REL. CITY OF TOLEDO, v. BOARD OF COMMISSIONERS OF LUCAS COUNTY ET AL.

Supreme Court of Ohio.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Sheldon M. Rosen, director of law, and James N. Turner, for relator.

Anthony G. Pizza, prosecuting attorney, and Gary M. Orlow, for respondent, Board of Commissioners of Lucas County.

Ritter, Boesel, Robinson & Marsh, Benjamin F. Marsh and Sheilah H. McAdams, for intervening respondent city of Maumee.

John D. Garand, for intervening respondents, Monclova Township et al.

Per Curiam.

In order to issue a writ of mandamus, the court must find (1) that relator has a clear legal right to the relief prayed for; (2) that respondents are under a clear legal duty to perform the requested act; and (3) that relator has no plain and adequate remedy in the ordinary course of the law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225; State,...

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