STATE EX REL. DUNCAN v. CHIPPEWA TWP. TRUSTEES

No. 95-249.

73 Ohio St.3d 728 (1995)

THE STATE EX REL. DUNCAN ET AL., APPELLANTS, v. CHIPPEWA TOWNSHIP TRUSTEES, APPELLEES.

Supreme Court of Ohio.

Decided October 11, 1995.


Attorney(s) appearing for the Case

Miller, Mast & Lee and Diane Stromme Mast, for appellants.

Keith A Shearer, Wayne County Prosecuting Attorney, for appellees.


Per Curiam.

In order to be entitled to a writ of mandamus, the Duncans had to establish a clear legal right to have the road opened and maintained, a clear legal duty on the part of the trustees to open and maintain the road, and the lack of an adequate remedy in the ordinary course of the law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65, 637 N.E.2d 1.

Under R.C. 5571.02, 5571.12, and...

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