2013 Ohio 3723
Ohio Ct. App.2013Background
- Relators are City of East Cleveland officials seeking a writ of mandamus to compel the Mayor, Finance Director, and Law Director to perform nine specified financial duties.
- The City has been declared in fiscal emergency and placed under a seven-member financial planning and supervision commission under R.C. 118.05 to oversee daily and long-term finances.
- The trial court and this court analyze whether mandamus is appropriate to compel present duties when financial oversight has been transferred to the commission.
- The court denies mandamus for all nine claims, finding them moot or inappropriate because the duties are now under the financial oversight regime.
- Mandamus is an extraordinary remedy, not available to compel general compliance with the law or prospective actions; relief must be for a present, existing duty with a clear right and duty and no adequate remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is mandamus proper to compel daily financial duties under fiscal oversight? | Relators seek to compel compliance with resolutions and financial duties. | Mandamus cannot compel general compliance; duties are under oversight. | Not proper; duties under oversight; relief denied. |
| Do the nine claims present a justiciable mandamus question or are they moot? | Nine specific duties should be enforced. | Overtaken by fiscal emergency and oversight; claims moot. | All claims moot or inappropriate for mandamus. |
| Should relief be declaratory/injunctive rather than mandamus? | Relators seek mandatory relief. | Mandamus, not declaratory/injunctive relief, is proper vehicle. | Not appropriate; mandamus denied; declaratory/injunction relief not pursued. |
Key Cases Cited
- State ex rel. Ney v. Niehaus, 33 Ohio St.3d 118 (Ohio 1987) (mandamus prerequisites; clear right and duty; no adequate remedy)
- State ex rel. Tran v. McGrath, 78 Ohio St.3d 45 (Ohio 1997) (mandamus prerequisites; ministerial duty concept)
- State ex rel. Pressley v. Indus. Comm. of Ohio, 11 Ohio St.2d 141 (Ohio 1967) (court discretion in granting/denying mandamus)
- State ex rel. Cullen v. Toledo, 105 Ohio St. 545 (Ohio 1922) (limits on mandamus; not to enforce general mandate)