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STATE EX REL. GILLIVAN v. BD. OF TAX APPEALS

No. 92-1976.

70 Ohio St.3d 196 (1994)

THE STATE EX REL. GILLIVAN v. OHIO BOARD OF TAX APPEALS ET AL.

Supreme Court of Ohio.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Michael A. Moses, for relator.

Lee Fisher, Attorney General, Elizabeth J. Birch and Laurel D. Blum, Assistant Attorneys General, for respondents.

Per Curiam.

"The writ of mandamus must not be issued when there is plain and adequate remedy in the ordinary course of the law," R.C. 2731.05, and Gillivan attempts to establish this in his fourth proposition of law. In response, Perry and BTA rely on State ex rel. Weiss v. Indus. Comm. (1992), 65 Ohio St.3d 470, 605 N.E.2d 37, to argue that Gillivan has an adequate remedy and, therefore, cannot show a condition...

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