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STATE EX REL. BALDZICKI v. CUYAHOGA CTY. BD. OF ELECTIONS

No. 00-1647.

90 Ohio St.3d 238 (2000)

THE STATE EX REL. BALDZICKI ET AL. v. CUYAHOGA COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Decided October 11, 2000.

Attorney(s) appearing for the Case

Kelley, McCann & Livingstone, LLP, Stephen M. O'Bryan, Thomas J. Lee and Timothy J. Duff; Brunner, Kirby & Jeffries Co., L.P.A., Jennifer L. Brunner, Rick L. Brunner and David R. Funk, for relators.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Reno J. Oradini, Jr., Assistant Prosecuting Attorney, for respondent Cuyahoga County Board of Elections.

Donald J. McTigue; Chester, Willcox & Saxbe, John J. Chester and J. Craig Wright, for intervenor respondent Crocker Park, LLC.

Per Curiam.

Relators request a writ of prohibition to prevent the submission of Ordinance No. 2000-68 to the Westlake electors at the November 7, 2000 election. In order to be entitled to a writ of prohibition, relators must establish that (1) the board is about to exercise judicial or quasi-judicial power, (2) the exercise of that power is unauthorized by law, and (3) denial of the writ will cause...

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