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State ex rel. Hayden v. Berea Mun. Court

Citations: 110 Ohio St. 3d 1460; 852 N.E.2d 1210Docket: 2006-1097

Court: Ohio Supreme Court; August 23, 2006; Ohio; State Supreme Court

Narrative Opinion Summary

Mandamus was sought against the Ohio Department of Rehabilitation and Correction, with motions to dismiss filed by the City of Brook Park Prosecutor, City of Brook Park Police Department, Berea Municipal Court, City of Berea, Judge Mark A. Comstock, and Berea Clerk of Courts. The court granted the motions to dismiss, resulting in the dismissal of the case. Chief Justice Moyer, along with Justices Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger, concurred in the decision.

Legal Issues Addressed

Judicial Concurrence in Dismissal

Application: The decision to dismiss the case was unanimously concurred by the Chief Justice and all Justices present.

Reasoning: Chief Justice Moyer, along with Justices Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger, concurred in the decision.

Mandamus Relief Against State Departments

Application: The case involved seeking mandamus relief against a state department, specifically the Ohio Department of Rehabilitation and Correction.

Reasoning: Mandamus was sought against the Ohio Department of Rehabilitation and Correction...

Motions to Dismiss by Municipal Entities

Application: The court considered and granted motions to dismiss filed by various municipal entities, including the City of Brook Park Prosecutor and others.

Reasoning: ...with motions to dismiss filed by the City of Brook Park Prosecutor, City of Brook Park Police Department, Berea Municipal Court, City of Berea, Judge Mark A. Comstock, and Berea Clerk of Courts.