Opinion

State ex rel. McKay v. Kauer

  • 156 Ohio St. (N.S.) 347
Court
Ohio Supreme Court
Filed
Dec 12, 1951
Status
Published
Author
Taft
On the bench
Hart, Matthias, Middleton, Stewart, Taft, Weygandt
Cited by
0 cases
Authority
More cited than 9.0%

The opinion

Taft, J.,

concurring. I concur in paragraphs one and two of the syllabus and in the judgment. If paragraph three of the syllabus were conditioned on the absence of any adequate remedy of the property owner at law or in equity to protect the easement rights of such owner referred to therein, I would also concur in paragraph three of the syllabus.

It is elementary that a writ of mandamus will not be issued where the petitioner has available an adequate remedy either at law or in equity. State, ex rel. Stanley, v. Cook, Supt. of Banks, 146 Ohio St., 348 , 66 N. E. (2d), 207; State, ex rel. Juhlman, v. Conners, 122 Ohio St., 355 , 171 N. E., 589 .

In the instant case, both parties concede that the property owner has no such adequate remedy. Therefore the question, as to whether or not he has such adequate remedy, has not been presented to this court for decision. I believe that paragraph three of the syllabus may be interpreted as deciding that question.

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.

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