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STATE EX REL. MINOR v. ESCHEN

No. 95-521.

74 Ohio St.3d 134 (1995)

[THE STATE EX REL.] MINOR, APPELLANT, v. ESCHEN, FINANCE DIR., APPELLEE.

Supreme Court of Ohio.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Buckingham, Holzapfel, Zeiher, Waldock & Schell Co., L.P.A., and John D. Latchney, for appellant.

Daniel M. Kasaris, Norwalk Law Director, for appellee.

COOK, J.

In order to be entitled to a writ of mandamus, Minor must establish (1) a clear legal right to be restored to the municipal payroll and to an award of back pay, (2) a corresponding clear legal duty to perform such acts on the part of Eschen, and (3) the lack of a plain and adequate remedy at law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65, 637 N.E.2d 1. Before summary judgment may be granted...

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