In case an officer or board of a municipal corporation fails to perform any duty expressly enjoined by law or ordinance, the village solicitor or city director of law shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of the duty.
Notes of Decisions
Cited in 33
cases (9 in the last 5 years), 1957–2024 · leading case: State ex rel. Harris v. Rubino, 126 N.E.3d 1068 (Ohio 2018).
State ex rel. Harris v. Rubino, 126 N.E.3d 1068 (Ohio 2018). · cites it 2דR.C. 733.58, 733.59, and 733.61 provide the statutory basis for the award of attorney fees {¶ 18} Pursuant to R.”
State ex rel. Harris v. Rubino (Slip Opinion), 2018 Ohio 3609 (Ohio 2018). · cites it 2דThe committee requested, under R.C. 733.58 and 733.59, that the law director seek a writ of mandamus compelling the city council to certify the petition to the board if the council did not do so at its August 6 regular meeting.”
State ex rel. Nimon v. Vill. of Springdale, 215 N.E.2d 592 (Ohio 1966). · cites it 4דRela-tors’ rights are derived from the right of the municipal corporation, the enforcement of which is imposed in the first instance by Section 733.58, Revised Code, 6 upon the solicitor, who in fact represents the public, the real party in interest.”
State ex rel. Levin v. Schremp, 654 N.E.2d 1258 (Ohio 1995). · cites it 2ד” R.C. 733.58. If the village solicitor or city director of law fails upon the written request of a taxpayer to file a mandamus action under R.”
State Ex Rel. Badgett v. Mullen, 893 N.E.2d 870 (Ohio Ct. App. 2008). · cites it 5דBadgett filed a taxpayer mandamus action under R.C. 733.58 and 733.59 against the city of Marietta, the mayor of Marietta, the president of the Marietta City Council, and the members of the Marietta City Council (“the city”) alleging that they have not provided “suitable…”
City of Cincinnati Ex Rel. Ritter v. Cincinnati Reds, L.L.C., 782 N.E.2d 1225 (Ohio Ct. App. 2002). “Under R.C. 733.58, the law director can apply to a court of law for a writ of mandamus to compel an officer or a board of a municipal corporation to perform any duty “expressly enjoined” by law or ordinance.”
State ex rel. Cater v. City of North Olmsted, 69 Ohio St. 3d 315 (Ohio 1994). “2d 863 ; R.C. 733.58 and 733.59. Moreover, we have said that when no other adequate remedy exists, “[m]andamus is the proper remedy to restore a party to the possession of an office from which he has been illegally removed.”
State ex rel. Sanduskians for Sandusky v. Sandusky, 2022 Ohio 3362 (Ohio 2022). · cites it 3ד{¶ 7} On August 24, McCloskey delivered a letter to Heil, requesting under R.C. 733.58 and 733.59 that Heil commence a mandamus action to compel the city commissioners to enact an ordinance to place the proposed charter amendment on the November 8 ballot.”
Shaker Hts. ex rel. Friends of Horseshoe Lake, Inc. v. Shaker Hts., 2024 Ohio 3007 (Ohio Ct. App. 2024). · cites it 2דFinally, R.C. 733.58 provides for a writ of mandamus to compel the performance of a duty when an officer or board of a municipal corporation fails to perform that duty expressly enjoined by law or ordinance.”
State ex rel. Citizens for a Better Portsmouth v. Sydnor, 572 N.E.2d 649 (Ohio 1990). “R.C. 733.58 requires the municipal solicitor to bring an action in mandamus to compel a municipal officer or board to perform a duty expressly enjoined by law or ordinance should the officer or board fail to perform the duty.”
State ex rel. Cox v. Youngstown Civ. Serv. Comm. (Slip Opinion), 2021 Ohio 2799 (Ohio 2021). “Because part of Cox’s mandamus claim included allegations bearing on a taxpayer action, see R.C. 733.58, 733.59, and 733.61, Cox filed an application asking this court to determine whether he needed to provide additional financial security.”
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