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MORRIS v. MACEDONIA CITY COUNCIL

No. 94-1996.

71 Ohio St.3d 52 (1994)

MORRIS v. CITY COUNCIL OF THE CITY OF MACEDONIA ET AL.

Supreme Court of Ohio.

Decided October 13, 1994.

Attorney(s) appearing for the Case

Gallup, Burns & Mills and David B. Gallup, for relator.

Joseph W. Diemert, Jr., Director of Law, pro se, and for respondents Macedonia City Council, council members, and Macedonia Mayor Joseph Migliorini.

Lynn C. Slaby, Summit County Prosecuting Attorney, and William E. Schultz, Assistant Prosecuting Attorney, for respondent Summit County Board of Elections.

Per Curiam.

In order to be entitled to a writ of mandamus, relator must establish that (1) he has a clear legal right to have the charter amendment initiative placed on the November 8, 1994 ballot, (2) respondents have a corresponding legal duty to submit the charter amendment initiative to the electors of Macedonia on the November 8, 1994 ballot, and (3) relator possesses no adequate remedy in the ordinary course of the law. State ex rel. Seikbert v. Wilkinson...

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