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STATE EX REL. OLANDER v. OHIO ENVIRONMENTAL PROTECTION AGENCY

No. 88-831.

45 Ohio St. 3d 196 (1989)

THE STATE, EX REL. OLANDER, APPELLEE, v. OHIO ENVIRONMENTAL PROTECTION AGENCY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Lucas, Prendergast, Albright, Gibson & Newman and James E. Melle, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Andrew I. Sutter, for appellants.

Per Curiam.

For a writ of mandamus to issue, the relator must have a clear legal right to the relief prayed for, the respondents must be under a clear legal duty to perform the requested act, and relator must have no plain and adequate remedy in the ordinary course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. On an appeal as of right from a judgment of...

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