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

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.

Accordingly, the writ is denied.

Writ denied.

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