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THE CHAPEL v. CITY OF SOLON

No. 87-1554.

40 Ohio St. 3d 3 (1988)

THE CHAPEL, D.B.A. THE CHAPEL, AN EVANGELICAL CHURCH, APPELLANT, v. CITY OF SOLON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 30, 1988.

Attorney(s) appearing for the Case

Joseph W. Diemert, Jr. & Associates Co., L.P.A., Joseph W. Diemert, Jr. and Sara J. Fagnilli, for appellant.

Charles T. Riehl, director of law, Walter, Haverfield, Buescher & Chockley and Frederick W. Whatley, for appellees.

DOUGLAS, J.

Appellant contends that it has a clear legal right to site approval and a building permit because churches are permissible in the requested area. It contends that appellees have a legal duty to issue both. We disagree.

To entitle a relator to a writ of mandamus, it must be shown "`(1) that he has a clear legal right to the relief prayed for, (2) that respondents are under a clear legal duty to perform the acts, and (3) that relator has no plain...

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