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STATE EX REL. ELYRIA FOUNDRY COMPANY v. INDUS. COMM.

No. 95-1501.

82 Ohio St.3d 88 (1998)

THE STATE EX REL. ELYRIA FOUNDRY COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 10, 1998.

Attorney(s) appearing for the Case

Licata & Crosby Co., L.P.A., Elizabeth A. Crosby and Ellyn Tamulewicz, for appellant.

Betty D. Montgomery, Attorney General, and Jeffrey B. Duber, Assistant Attorney General, for appellee Industrial Commission.

Shapiro, Kendis & Associates Co., L.P.A., James D. Kendis and Rachel B. Jaffy, for appellee Woolbright.

Per Curiam.

Appellees successfully argued below that mandamus was inappropriate. We affirm the denial of the writ, but do so for a reason other than that given by the court of appeals.

We find that the controversy presented by EFC's mandamus action lacks ripeness. Ripeness "is peculiarly a question of timing." Regional Rail Reorganization Act Cases (1974), 419 U.S. 102, 140, 95 S.Ct. 335, 357, 42 L...

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