State ex rel. Dayton Legal News, Inc. v. Drubert
2012 Ohio 564
Ohio Ct. App.2012Background
- Relator seeks a writ of mandamus to compel designation of the Daily Court Reporter as Montgomery County's official daily law journal.
- Respondents issued an August 22, 2011 Entry and Order designating the Daily Law Journal (published by Cox Media Group Ohio) as the official law journal, effective Oct. 1, 2011 for six years.
- Relator sought to have the Daily Law Journal replaced and to be designated as the court's daily law journal under R.C. 2701.09.
- Cox Media Group Ohio intervened, opposing mandamus relief.
- The court treated Cox’s motion to dismiss as a Civ.R. 56 motion for summary judgment; Relator did not respond; the court concluded mandamus was improper and so dismissed the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is proper to challenge designation of the daily law journal. | Relator seeks to compel withdrawal of the 2011 order and designation of Relator as the daily law journal. | Respondents already designated the Daily Law Journal; mandamus cannot compel a past action or determine journal status. | Mandamus not proper; issue is administrative designation already in effect. |
| Whether Relator has a plain and adequate remedy at law instead of mandamus. | Relator implies mandamus is needed to override the designation. | There is an adequate declaratory judgment remedy under law. | Relator has an adequate remedy at law; mandamus denied on this ground. |
| Whether summary judgment was appropriate against Relator given lack of response. | Relator's position supported by facts contained in complaint; not necessary to respond for summary judgment. | Movant established no genuine issue of material fact; entitled to judgment as a matter of law. | Summary judgment in favor of Cox Media Group Ohio sustained; relief denied to Relator. |
Key Cases Cited
- State ex rel. Dayton Newspapers, Inc. v. Wagner, 129 Ohio App.3d 271 (2d Dist. Montgomery 1998) (mandamus when plain remedy exists; prohibitory relief risk)
- Morris v. Ohio Cas. Ins. Co., 35 Ohio St.3d 45 (1999) (summary judgment standard where no genuine issue of material fact)
- Toledo's Great Eastern Shoppers City, Inc. v. Abde's Black Angus Steak House No. III, Inc., 24 Ohio St.3d 198 (1986) (mandamus burden and standard for relief)
- Record Publishing Co. v. Kainrad, 49 Ohio St.3d 296 (1990) (declaratory judgment as alternative to mandamus when plain remedy exists)
- Stamps v. Automatic Data Processing Bd. of Montgomery Cty., 42 Ohio St.3d 164 (1989) (mandamus jurisdiction; prohibits prohibitory injunction findings)