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STATE EX REL. AUGLAIZE MERCER COMMUNITY ACTION COMM'N v. CIV. RIGHTS COMM'N

No. 95-368.

73 Ohio St.3d 723 (1995)

THE STATE EX REL. AUGLAIZE MERCER COMMUNITY ACTION COMMISSION, INC., APPELLANT, v. OHIO CIVIL RIGHTS COMMISSION, APPELLEE.

Supreme Court of Ohio.

Decided October 11, 1995.

Attorney(s) appearing for the Case

Benjamin F. Yale & Associates Co. and Benjamin F. Yale, for appellant.

Betty D. Montgomery, Attorney General, and Nancy Holland Myers, Assistant Attorney General, for appellee.

Per Curiam.

In order to be entitled to a writ of mandamus compelling the commission to hold an evidentiary hearing on attorney fees under R.C. 119.092, AMCAC had to establish (1) a clear legal right to a hearing, (2) a corresponding legal duty on the part of the commission to hold a hearing, and (3) the lack of an adequate remedy at law. See State ex rel. Shimola v. Cleveland (1994),

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