Opinion

State ex rel. Berry v. Tackett

60 Ohio St. 2d 12
14 Ohio Op. 3d 162
396 N.E.2d 743
1979 Ohio LEXIS 489

Court: Ohio Supreme Court
Filed: Nov 7, 1979
Status: Published
On the bench: Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney
Cited by: 2 cases
Authority: More cited than 66.7%

The opinion

Per Curiam.

Relator is requesting this court to issue a writ of quo warranto to prevent the members of the Board of County Commissioners, Clark County, from exceeding their alleged lawful authority. In paragraph two of the syllabus in State, ex rel. Hogan, v. Hunt (1911), 84 Ohio St. 143 , this court stated that “the legality of the exercise of a mere function alleged to be erroneously exercised by one who***is a public officer, can not be inquired into by a proceeding in quo warranto.” The extraordinary remedy of quo warranto is properly employed to test the actual right to an office or franchise. It can afford no relief for official misconduct, and can not be employed to test the mere legality of official action by public officers.

*13 Therefore, this action is dismissed, sua sponte.

Complaint dismissed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

Holmes, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.