State ex rel. New Prospect Baptist Church v. Ruehlman

Citations

• 2019 Ohio 5263

Syllabus

WRITS – PROHIBITION – MANDAMUS: Where a religious organization sought writs of prohibition and mandamus against the trial court to prevent it from enforcing its permanent injunction entered in a nuisance case filed against the city of Cincinnati, which found that homeless encampments were a nuisance that constituted a hazard to the health and safety of the public and that Cincinnati police and the Hamilton County Sheriff's Office were authorized to clear the encampments located anywhere in Hamilton County, the organization, which wanted to allow homeless persons to camp on its private property, was entitled to a writ of prohibition where the court's order enjoined nonparties who were not found to have been aiding or abetting the named defendant the trial court sought to bind parties throughout Hamilton County even though the county was not a party to the lawsuit and the trial court imposed requirements on the organization that were not authorized by the Revised Code or the Ohio Administrative Code. A writ of mandamus will not issue to require the trial court to prospectively observe the law or to remedy the anticipated nonperformance of that duty a writ of mandamus will issue to compel the performance of a present duty that has not been performed.