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STATE EX REL. HARRIS v. CITY OF TOLEDO

No. 95-809.

74 Ohio St.3d 36 (1995)

THE STATE EX REL. HARRIS, APPELLANT v. CITY OF TOLEDO, APPELLEE.

Supreme Court of Ohio.

Decided November 15, 1995.

Attorney(s) appearing for the Case

William Harris, pro se.

Mark S. Schmollinger, Toledo Director of Law, and Lourdes Santiago, Senior Attorney, for appellee.

Per Curiam.

In order to be entitled to a writ of mandamus, Harris had the burden to prove a clear legal right to recovery of the truck, a clear legal duty on the part of the city to return the truck to him, and the absence of a plain and adequate remedy in the ordinary course of law. State ex rel. Donaldson v. Alfred (1993), 66 Ohio St.3d 327, 329, 612 N.E.2d 717, 719. Sua sponte dismissal without notice...

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