STATE EX REL. MILL CREEK METRO. PARK DIST. BD. OF COMMRS. v. TABLACK

No. 99-261.

86 Ohio St.3d 293 (1999)

THE STATE EX REL. BOARD OF COMMISSIONERS OF MILL CREEK METROPOLITAN PARK DISTRICT, APPELLEE, v. TABLACK, AUDITOR, ET AL.; CITY OF CAMPBELL ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 1, 1999.


Attorney(s) appearing for the Case

Manchester, Bennett, Powers & Ullman, John F. Zimmerman, Jr. and Thomas J. Lipka, for appellee.

Brian J. Macala, Campbell Law Director, for appellant city of Campbell.

Nadler, Nadler & Burdman Co., L.P.A., and Robert S. Hartford, Jr., for appellant municipality of Sebring.

Kincaid, Randall & Craine and Samuel B. Randall, urging affirmance for amicus curiae, Columbus and Franklin County Metropolitan District.

Baker & Hostetler L.L.P., Elliot S. Azoff and Todd A. Dawson, urging affirmance for amicus curiae, Cleveland Metropolitan Park District Board of Parks Commissioners.

Spengler Nathanson, P.L.L., and B. Gary McBride, for amici curiae, Toledo Area Metropolitan Park District and Hamilton County Park District.


Per Curiam.

Campbell and Sebring assert that the court of appeals erred in granting the writ of mandamus because the board did not establish any of the requirements for issuance of the writ. In order to be entitled to a writ of mandamus, the board had to establish a clear legal right to the requested relief, a clear legal duty on the part of the auditor and treasurer to provide this relief, and the lack of an adequate remedy in the ordinary course...

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