State ex rel. Town & Suburb Development Co. v. Maser

Ohio Supreme Court

State ex rel. Town & Suburb Development Co. v. Maser

172 Ohio St. (N.S.) 505

Ohio Supreme Court·Decided December 20, 1961·No. No. 37029·Published

Opinion

Per Curiam.

By this proceeding in mandamus, relator is attempting to control the legislative discretion of the city council of Maple Heights in the exercise of its police power. A writ of mandamus may not be used to control legislative discretion. See State, ex rel. De Ville Photography, Inc., v. McCarroll, Judge, 167 Ohio St., 210.

The relator having failed to establish a clear legal duty on the part of respondents to perform the acts requested, the Court of Appeals was in error in allowing the writ. The judgment of the Court of Appeals is reversed, and final judgment is rendered for respondents.

Judgment reversed.

Weyganbt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and O’Neill, JJ., concur.

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Per Curiam.

By this proceeding in mandamus, relator is attempting to control the legislative discretion of the city council of Maple Heights in the exercise of its police power. A writ of mandamus may not be used to control legislative discretion. See State, ex rel. De Ville Photography, Inc., v. McCarroll, Judge, 167 Ohio St., 210.

The relator having failed to establish a clear legal duty on the part of respondents to perform the acts requested, the Court of Appeals was in error in allowing the writ. The judgment of the Court of Appeals is reversed, and final judgment is rendered for respondents.

Judgment reversed.

Weyganbt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and O’Neill, JJ., concur.

State ex rel. Town & Suburb Development Co. v. Maser, 172 Ohio St. (N.S.) 505 (Ohio 1961).

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172 Ohio St. (N.S.) 505 (State ex rel. Town & Suburb Development Co. v. Maser) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.