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STATE, EX REL. VAN DE KERKHOFF, v. DOWLING

No. 90-746.

61 Ohio St.3d 55 (1991)

THE STATE, EX REL. VAN DE KERKHOFF ET AL., v. DOWLING, CLERK, ET AL.

Supreme Court of Ohio.

Decided June 26, 1991.

Attorney(s) appearing for the Case

Phillips & Co., L.P.A., and Gerald W. Phillips, for relators.

David R. Harbarger, Law Director, and Michael E. Murman, for respondent.

Squire, Sanders & Dempsey, Daniel J. O'Loughlin and Charles R. McElwee II; and Fred M. DeGrandis, urging denial of the writ for amicus curiae, Lakewood Hospital.1

Per Curiam.

For a writ of mandamus to issue, relators must first show that they are entitled to respondents' performance of a clear legal duty. State, ex rel. The Fairfield Leader, v. Ricketts (1990), 56 Ohio St.3d 97, 102, 564 N.E.2d 486, 491. To establish a duty for respondents to accept and determine the sufficiency of their part-petitions, as supplemented, relators rely on the Lakewood Charter, principles...

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