STATE EX REL. THURN v. CUYAHOGA CTY. BD. OF ELECTIONS

No. 95-638.

72 Ohio St.3d 289 (1995)

THE STATE EX REL. THURN v. CUYAHOGA COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Decided May 1, 1995.


Attorney(s) appearing for the Case

Grendell & Marrer Co., L.P.A., Timothy J. Grendell and David H. Gunning II, for relator.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Patrick J. Murphy and Michael P. Butler, Assistant Prosecuting Attorneys, for respondent.


Per Curiam.

Thurn initially requested a writ of mandamus to prevent the board from placing the three proposed ordinances on the May 1995 ballot. In general, where a complaint filed in this court or a court of appeals is purportedly in mandamus but the allegations manifestly indicate that the real object is injunction, the complaint does not state a cause of action for mandamus and must be dismissed for want of jurisdiction. State ex rel. Governor v. Taft...

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