STATE EX REL. VIOX BUILDERS, INC. v. LANCASTER

No. 88-530.

46 Ohio St. 3d 144 (1989)

THE STATE, EX REL. VIOX BUILDERS, INC., APPELLANT, v. LANCASTER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 25, 1989.


Attorney(s) appearing for the Case

G. Mitchell Lippert, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Merl H. Wayman, for appellees.


Per Curiam.

At issue is the commission's interpretation of the terms "occupations" and "industries" as used in R.C. 4123.29 (now 4123.29[A]). Because an action for declaratory judgment can fully resolve this question, we find that a plain and adequate remedy at law exists and thus affirm the appellate court's judgment.

To prevail in mandamus, relator must demonstrate that: (1) it has a clear right to the relief requested, (2) respondents are under a...

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