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STATE, EX REL. CITIZENS FOR FAIR TAXATION v. LUCAS CTY. BD. OF COMMRS.

No. 92-489.

63 Ohio St.3d 749 (1992)

THE STATE, EX REL. CITIZENS FOR FAIR TAXATION ET AL., v. BOARD OF LUCAS COUNTY COMMISSIONERS ET AL.

Supreme Court of Ohio.

Decided May 13, 1992.

Attorney(s) appearing for the Case

Nathan & Roberts and R. Michael Frank, for relators.

Gary M. Orlow, for respondents Board of Lucas County Commissioners and its individual members.

Anthony G. Pizza, Prosecuting Attorney, Steven J. Papadimos and Mark E. Lupe, for respondents Lucas County Auditor and Lucas County Board of Elections.

Lee I. Fisher, Attorney General, and James C. Sauer, for respondent Tax Commissioner.

Per Curiam.

For a writ of mandamus to issue, CFT must show that it is entitled to respondents' performance of a clear legal duty and that it has no adequate remedy in the ordinary course of law. State, ex rel. Matheis, v. Russo (1990), 50 Ohio St.3d 204, 553 N.E.2d 653.

CFT argues that R.C. 305.31 establishes a duty to hold a referendum on Resolution No. 91-1728 at the next primary or general election...

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