STATE EX REL. LEVIN v. CITY OF SHEFFIELD LAKE

No. 93-904.

70 Ohio St.3d 104 (1994)

[THE STATE EX REL.] LEVIN ET AL., APPELLANTS, v. CITY OF SHEFFIELD LAKE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 24, 1994.


Attorney(s) appearing for the Case

Arnold S. Levin, for appellants.

Timothy T. Smith, for appellee Sheffield Lake.

M. Robert Flanagan, for appellee Judge Zaleski.


Per Curiam.

For a writ of mandamus to issue, the Levin Group must prove that it is entitled to the performance of a clear legal duty and that it has no adequate remedy in the ordinary course of the law. State ex rel. Citizens for Responsible Taxation v. Scioto Cty. Bd. of Elections (1993), 67 Ohio St.3d 134, 136-137, 616 N.E.2d 869, 871.

A writ of procedendo is "`an order from a court of superior jurisdiction...

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