STATE EX REL. ALBRIGHT v. DELAWARE CTY. COURT OF COMMON PLEAS

No. 90-1636.

60 Ohio St. 3d 40 (1991)

THE STATE, EX REL. ALBRIGHT ET AL., v. COURT OF COMMON PLEAS OF DELAWARE COUNTY ET AL.

Supreme Court of Ohio.

Decided May 29, 1991.


Attorney(s) appearing for the Case

Lucas, Prendergast, Albright, Gibson & Newman, Robert E. Albright, Rankin M. Gibson and Richard C. Brahm, for relators.

Lane, Alton & Horst, Jack R. Alton and John A. Fiocca, for respondents Delaware County Court of Common Pleas and its judges.

W. Duncan Whitney, prosecuting attorney, for intervening respondent Delaware County Board of Commissioners.


Per Curiam.

For a writ of prohibition to issue the respondent must be about to exercise judicial or quasi-judicial power, the exercise of that power must be unauthorized by law, and refusal of the writ must result in injury for which no other adequate legal remedy exists. State, ex rel. Lewis, v. Warren Cty. Court of Common Pleas (1990), 52 Ohio St.3d 249, 556 N.E.2d 1184.

Respondents argue for...

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