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STATE EX REL. NATL. BROADCASTING CO. v. CITY OF CLEVELAND

No. 87-757.

38 Ohio St. 3d 79 (1988)

THE STATE, EX REL. NATIONAL BROADCASTING COMPANY, INC., APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 27, 1988.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, C. William O'Neill and Charles P. Hurley, for appellant.

Marilyn G. Zack, director of law, Nick Tomino and Barbara R. Marburger, for appellees.

John T. Corrigan, prosecuting attorney, Patrick J. Murphy and Colleen C. Cooney, urging affirmance for amicus curiae, Prosecuting Attorney of Cuyahoga County.

J. Anthony Sawyer, law director, and Arthur W. Harmon, Jr., urging affirmance for amid curiae, city of Dayton et al.

WRIGHT, J.

It is well-settled that in order for a writ of mandamus to issue the relator must demonstrate (1) a clear legal right to the relief prayed for; (2) respondents are under a clear duty to perform the acts; and (3) relator has no plain and adequate remedy in the ordinary course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 29, 6 OBR 50, 51, 451 N.E.2d 225, 226-227, citing State...

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