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STATE EX REL. HANSON v. GUERNSEY CTY. BD. OF COMMRS

No. 91-2353.

65 Ohio St.3d 545 (1992)

THE STATE EX REL. HANSON, D.B.A. FRANKLIN EXCAVATING, INC., APPELLANT, v. GUERNSEY COUNTY BOARD OF COMMISSIONERS, APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1992.

Attorney(s) appearing for the Case

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald G. Macala and Randall Vehar, for appellant.

C. Keith Plummer, Prosecuting Attorney, for appellee.

Per Curiam.

Two questions are presented for our review. First, did the court of appeals err by denying the writ of mandamus on the board's Civ.R. 12(B)(6) motion? Second, should a writ of mandamus be granted? For the reasons that follow, we hold that the court of appeals improperly used the motion to dismiss to summarily review the merits of Hanson's claim and to prematurely dispose of this case. Moreover, to...

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