State ex rel. Toncray v. Summit County Board of Elections

Ohio Supreme Court

State ex rel. Toncray v. Summit County Board of Elections

428 N.E.2d 401, 68 Ohio St. 2d 38, 22 Ohio Op. 3d 179, 1981 Ohio LEXIS 613

CourtOhio Supreme Court

DecidedOctober 29, 1981

DocketNo. 81-1529

StatusPublished

Cited by1 cases

This text of 428 N.E.2d 401 (State ex rel. Toncray v. Summit County Board of Elections) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Toncray v. Summit County Board of Elections, 428 N.E.2d 401, 68 Ohio St. 2d 38, 22 Ohio Op. 3d 179, 1981 Ohio LEXIS 613 (Ohio 1981).

Pincite

Opinion

Per Curiam.

Relator’s complaint does not seek relief which may be granted in an action in prohibition. Prohibition lies to prevent the usurpation of judicial or quasi-judicial power. See State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St. 2d 11. The action of a board of elections in placing issues on the ballot is not an exercise of quasi-judicial power. State, ex rel. Williams, v. Brown (1977), 52 Ohio St. 2d 13, 16; State, ex rel. O’Grady, v. Brown (1976), 48 Ohio St. 2d 17, 20.

[39]*39Accordingly, the writ is denied.

Writ denied.

Celebrezze, C. J., W. Brown, Sweeney, Locher, Holmes, C. Brown and Krupansky, JJ., concur.

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