Skip to main content
· 2/9/2024

State ex rel. Kushlak v. Cleveland Animal Protective League

Citations

  • 2024 Ohio 580

Syllabus

Mandamus, agreed sentence, community control, adequate remedy in the ordinary course of the law, appeal, declaratory judgment, prohibitory injunction. - The relator seeks a writ of mandamus to prevent enforcement of an agreed sentencing provision that provides for the unannounced inspection of the relator's home by the Animal Protective League. The relator possessed an adequate remedy in the ordinary course of the law by prosecuting an appeal from the sentencing journal entry that imposed the condition of unannounced inspections of the relator's home. In addition, the relator actually seeks a declaratory judgment and a prohibitory injunction over which the court of appeals lacks jurisdiction to hear. Complaint for mandamus is dismissed.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a party was a “prevailing party” despite award of only $1,000 out of possible $28,000 in damages
  • holding that a party was a \prevailing party\ despite award of only $ 1,000 out of possible $ 28,000 in damages
  • holding that a party was a “prevailing party” despite award of only $1,000 out of possible $28,000 in damages
  • holding an issue most significant because it was “the primary issue”
  • holding an issue most significant because it was \the primary issue\
  • holding an issue most significant because it was “the primary issue”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keough

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.