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Thurn v. Cuyahoga Cty. Bd. of Elections

Citations: 72 Ohio St. 3d 1411; 647 N.E.2d 1386; 1995 Ohio LEXIS 3702Docket: 95-638

Court: Ohio Supreme Court; April 17, 1995; Ohio; State Supreme Court

Narrative Opinion Summary

The court addresses a complaint for a writ of mandamus related to an expedited election. After reviewing the respondent’s answer and a motion for summary judgment, as well as a motion to intervene by the North Royalton Residents Involvement Committee, the court reclassifies the relator's action from mandamus to prohibition. An alternative writ is granted, and a briefing schedule is established: parties must submit evidence by April 20, 1995; the relator’s brief is due on the same date; the respondent’s brief is due by April 24, 1995; and any reply brief from the relator is due by April 27, 1995. The motion to intervene is denied by the court, although Chief Justice Moyer and Justices Douglas and F.E. Sweeney express support for granting the intervention.

Legal Issues Addressed

Denial of Motion to Intervene

Application: The court denies the motion to intervene by the North Royalton Residents Involvement Committee, despite differing opinions from some justices.

Reasoning: The motion to intervene is denied by the court, although Chief Justice Moyer and Justices Douglas and F.E. Sweeney express support for granting the intervention.

Granting of Alternative Writs

Application: The court grants an alternative writ, which suggests that the court found sufficient preliminary grounds to consider the relator's claims.

Reasoning: An alternative writ is granted, and a briefing schedule is established...

Reclassification of Legal Actions

Application: The court reclassifies the relator's action from a writ of mandamus to a writ of prohibition, indicating a shift in the legal remedy being sought.

Reasoning: The court reclassifies the relator's action from mandamus to prohibition.