Opinion

State ex rel. Toncray v. Summit County Board of Elections

68 Ohio St. 2d 38
22 Ohio Op. 3d 179
428 N.E.2d 401
1981 Ohio LEXIS 613

Court: Ohio Supreme Court
Filed: Oct 29, 1981
Status: Published
On the bench: Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
Cited by: 1 cases
Authority: More cited than 65.3%

The opinion

Per Curiam.

Relator’s complaint does not seek relief which may be granted in an action in prohibition. Prohibition lies to prevent the usurpation of judicial or quasi-judicial power. See State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St. 2d 11 . The action of a board of elections in placing issues on the ballot is not an exercise of quasi-judicial power. State, ex rel. Williams, v. Brown (1977), 52 Ohio St. 2d 13, 16 ; State, ex rel. O’Grady, v. Brown (1976), 48 Ohio St. 2d 17, 20 .

*39 Accordingly, the writ is denied.

Writ denied.

Celebrezze, C. J., W. Brown, Sweeney, Locher, Holmes, C. Brown and Krupansky, JJ., concur.

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