State ex rel. AWMS Water Solutions, L.L.C. v. Simmers

Citations

• 2020 Ohio 4798

Syllabus

The magistrate properly concluded that relator's complaint failed to state a claim upon which relief in mandamus can be granted. Relator failed to allege a clear legal right to the relief requested a clear legal duty on the part of respondent to provide such relief and that relator has no plain and adequate remedy in the ordinary course of law. Furthermore, relator was attempting to use an action in mandamus to collaterally attack our prior decision in AWMS I, which is impermissible. Although relator was correct that the doctrine of the law of the case did not apply, dismissal of the complaint was nonetheless proper. Objections sustained in part and overruled in part magistrate's decision recommending dismissal adopted petition for writ of mandamus dismissed.