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STATE EX REL. OHIO STATE RACING COMM. v. WALTON

No. 88-108.

37 Ohio St. 3d 246 (1988)

THE STATE, EX REL. OHIO STATE RACING COMMISSION ET AL., v. WALTON, JUDGE.

Supreme Court of Ohio.

Decided June 15, 1988.

Attorney(s) appearing for the Case

Crabbe, Brown, Jones, Potts & Schmidt and John C. Albert, special counsel, for relator Ohio State Racing Commission.

Chester, Hoffman & Willcox, Roderick H. Willcox and John E. Breen, for relators Scioto Downs, Inc. and Mid-America Racing Association, Inc.

Benesch, Friedlander, Coplan & Aronoff, James F. DeLeone and Orla E. Collier III, for relators Thistledown Racing Club, Inc., River Downs Turf Club, Inc. and River Downs Jockey Club, Inc.

Cavitch, Familo & Durkin and Michael C. Cohan, for relator Northfield Park Associates.

Richard B. Meyers, prosecuting attorney, and Charles Cooper, for respondent.

Per Curiam.

Regarding mandamus, relators argue that they have a clear right to relief, that respondent has a clear duty to grant the relief, and that they have no plain and adequate remedy at law. Regarding prohibition, they argue that respondent is about to exercise judicial power that is unauthorized by law and that injury will result for which there is no plain and adequate remedy in the ordinary course of law. We agree and allow a peremptory writ of prohibition...

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