BOWLING GREEN STATE UNIV. v. WILLIAMSON

No. 87-568.

39 Ohio St. 3d 141 (1988)

BOWLING GREEN STATE UNIVERSITY ET AL., APPELLANTS, v. WILLIAMSON, JUDGE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 19, 1988.


Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, John G. Mattimoe and David L. O'Connell, for appellants.

Betty D. Montgomery, prosecuting attorney, and Raymond C. Fischer, for appellee Gale Williamson.

Lucas, Prendergast, Albright, Gibson & Newman, James E. Melle and Mark S. Scherer, for intervenor-appellee Maxine Allen.


Per Curiam.

Appellants' main contention is that the court of common pleas, though it has jurisdiction to grant mandamus relief, R.C. 2731.02, lacks jurisdiction to proceed with this action because Allen, having an adequate remedy at law, is not entitled to the writ. We disagree. The merits of Allen's claim in mandamus and the court's jurisdiction to grant it are distinct issues.

We have said that the existence of an adequate legal remedy "divests this...

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