STATE EX REL. LEVIN v. SCHREMP

No. 95-341.

73 Ohio St.3d 733 (1995)

THE STATE EX REL. LEVIN, APPELLANT, v. SCHREMP, SERVICE DIRECTOR, APPELLEE.

Supreme Court of Ohio.

Decided October 11, 1995.


Attorney(s) appearing for the Case

Arnold S. Levin, pro se.

Timothy T. Smith, Sheffield Lake Law Director, for appellee.


Per Curiam.

Levin asserts in his first proposition of law that the court of appeals erred in granting Schremp's motion for summary judgment and denying his request for a writ of mandamus on the basis that Levin possesses an adequate remedy at law.

In order to be entitled to a writ of mandamus, Levin had to establish that he has a clear legal right to removal of the enclosure of Day Ditch, that Schremp has a clear legal duty to remove the enclosure,...

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