State ex rel. Coastal Line Homes, L.L.C. v. Scott

Citations

• 2025 Ohio 5861

Syllabus

Prohibition, clerk of courts, building code violations, civil contempt, ministerial duties of clerk of courts, adequate remedy in the ordinary course of the law. The principles governing prohibition are well established. In order for this court to issue a writ of prohibition, the relator must establish that (1) the respondent against whom it is sought is about to exercise judicial power, (2) the exercise of such judicial power is unauthorized by law, and (3) there exists is no adequate remedy in the ordinary course of the law. Furthermore, if a relator possesses or possessed an adequate remedy, relief in prohibition is precluded, even if the remedy was not used. The relator possesses or possessed several adequate remedies in the ordinary course of the law that prevents this court from issuing a writ of prohibition. The finding of contempt, that resulted in the imposition of a monetary judgment for contempt, was immediately appealable. An appeal by the relator constitutes an adequate remedy at law, even if it encompasses more delay and inconvenience.