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ASSN. FOR THE DEFENSE OF THE WASHINGTON LOCAL SCHOOL DIST. v. KIGER

No. 89-227.

42 Ohio St. 3d 116 (1989)

ASSOCIATION FOR THE DEFENSE OF THE WASHINGTON LOCAL SCHOOL DISTRICT ET AL. v. KIGER, SUPT., ET AL.

Supreme Court of Ohio.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Wolery, Price & Hoover, R. Tracy Hoover and Mark W. Price, for relators.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Richard W. Ross and Alan Lemons, assistant prosecuting attorney, for respondents.

Per Curiam.

The respondents' motion to dismiss is untimely and also ill-conceived because it argues the merits of relators' request for a writ of mandamus instead of attacking the sufficiency of the complaint. For purposes of a Civ. R. 12(B)(6) motion to dismiss, the material allegations of the complaint are taken as admitted. State, ex rel. Alford, v. Willoughby Civil Serv. Comm. (1979), 58 Ohio St.2d 221<...

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