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STATE EX REL. COOKER RESTAURANT CORP. v. MONTGOMERY CTY. BD. OF ELECTIONS

No. 97-2001.

80 Ohio St.3d 302 (1997)

THE STATE EX REL. COOKER RESTAURANT CORPORATION ET AL. v. MONTGOMERY COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided October 24, 1997.

Attorney(s) appearing for the Case

Brunner, Brunner & Alexander Co., L.P.A., Rick L. Brunner and Lisa A. Atkins; J. Richard Lumpe; Benesch, Friedlander, Coplan & Aronoff, L.L.P., N. Victor Goodman, James F. DeLeone and Mark D. Tucker, for relator Cooker Restaurant Corporation.

Gary L. Jones Co., L.P.A., Gary L. Jones and James J. Andrioff, for relator Brinker Ohio, Inc.

Boucher & Boucher and Richard A. Boucher; and Don A. Little, for relator Karen A. Meyer.

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Victor T. Whisman, Assistant Prosecuting Attorney, for respondent Montgomery County Board of Elections.

McTigue & Brooks and Donald J. McTigue, for respondent Sphere Investments, Ltd.

Per Curiam.

Prohibition

In order to be entitled to the requested writ of prohibition, relators must establish that (1) the board is about to exercise judicial or quasi-judicial power, (2) the exercise of such power is not legally authorized, and (3) if the writ is denied, they will suffer injury for which no other adequate legal remedy exists. Christy v. Summit Cty. Bd. of Elections<...

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