State ex rel. Bell v. Pfeiffer, 131 Ohio St. 3d 114

In February 2003, Madison County Board of Commissioners sued Greg A. Bell and wife for an easement; 2005 judgment found the board entitled to an easement and Bell entitled to no compensation.
The Twelfth District affirmed; this court did not accept Bell’s discretionary appeal.
In April 2008, Bell’s civil action against Madison County defendants, Judge Nichols, CORSA, and others was filed in Franklin County; various defense attorneys were involved and fees paid by CORSA or Columbia.
July 2008, Judge Bessey recused and the case was reassigned to Judge Pfeiffer.
April 2009, the common pleas court ruled for defendants with res judicata implications; the Tenth District affirmed on appeal.
May 2010, Bell filed a writ of prohibition in the Tenth District seeking to halt proceedings in Bell v. Nichols and related actions; the court denied the writ and the denial was affirmed by this court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper Civ.R. 12(B)(6) standard applied?	Bell says the wrong standard was used.	Appellees argue the correct standard was applied.	Yes, the correct standard was applied.
Due process on judicial notice; opportunity to be heard?	Bell lacked due process on judicial notice issues.	Bell had timely objections and the matter was addressed in writing.	Opportunity to be heard satisfied; no due process violation.
Improper assignment of judge as basis for prohibition?	Pfeiffer’s assignment and lack of jurisdiction invalid.	Jurisdiction existed; remedy by appeal.	No prohibition relief; remedy lies in appeal.
Prohibition against nonjudicial appellees?	Rankin/Spadafore/Woeber/Zaring, CORSA, Columbia exercised judicial power.	They did not exercise judicial or quasi-judicial power.	None of the nonjudicial appellees exercised judicial power; prohibition denied.

State ex rel. DeGroot v. Tilsley, 128 Ohio St.3d 311 (2011-Ohio-231) ( Civ.R. 12(B)(6) standard; relief withheld unless entitlement proven)
State ex rel. CNG Fin. Corp. v. Nadel, 111 Ohio St.3d 149 (2006-Ohio-5344) (proper scope of extraordinary writ relief)
State ex rel. Sliwinski v. Burnham Unruh, 118 Ohio St.3d 76 (2008-Ohio-1734) (conditions for grant of prohibition based on jurisdictional questions)
State ex rel. Pruitt v. Donnelly, 129 Ohio St.3d 498 (2011-Ohio-4203) (jurisdictional challenges and remedy by appeal)
Webber v. Kelly, 120 Ohio St.3d 440 (2008-Ohio-6695) (invited errors; due process through written objections)
Davis v. Wolfe, 92 Ohio St.3d 549 (2001-Ohio-XXXXX) (principle on waiver of errors invited by party)
In re J.J., 111 Ohio St.3d 205 (2006-Ohio-5484) (procedure for challenging judicial actions; writ limits)
State ex rel. Hamilton Cty. Bd. of Commrs. v. Hamilton Cty. Court of Common Pleas, 126 Ohio St.3d 111 (2010-Ohio-2467) (unreviewable via extraordinary writ absent clear lack of jurisdiction)
Keith v. Bobby, 117 Ohio St.3d 470 (2008-Ohio-1443) (adequacy of appellate remedy when challenge to assignment)