State ex rel. Bell v. Madison Cty. Bd. of Commrs.
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Bell v. Madison Cty. Bd. of Commrs., Slip Opinion No. 2011-Ohio-527.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-527 THE STATE EX REL. BELL, APPELLANT, v. MADISON COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Bell v. Madison Cty. Bd. of Commrs., Slip Opinion No. 2011-Ohio-527.] Mandamus Petition seeking order compelling county board of commissioners to comply with R.C. 163.01 to 163.02 in taking of real property rights and to comply with consent agreement Adequate remedies at law exist in civil actions Writ denied. (No. 2010-1525 Submitted February 2, 2011 Decided February 9, 2011.) APPEAL from the Court of Appeals for Madison County, No. CA2010-04-010. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Greg A. Bell, for a writ of mandamus ordering appellee Madison County Board of Commissioners to comply with R.C. 163.01 to 163.02 SUPREME COURT OF OHIO to provide him with due process in the taking of his real property rights and to comply with a consent agreement. {¶ 2} Mandamus will not issue if there is a plain and adequate remedy in the ordinary course of law. State ex rel. McClaran v. Ontario, 119 Ohio St.3d 105, 2008-Ohio-3867, 892 N.E.2d 440, ¶ 15; R.C. 2731.05. Bell had adequate remedies at law by way of the civil actions and appeals he has already pursued. See, e.g., Madison Cty. Bd. of Commrs. v. Bell, Madison C.P. No. 2003CV-02071, affirmed in Madison Cty. Bd. of Commrs. v. Bell, Madison App. No. CA2005-09-036, 2007-Ohio-1373, appeal not accepted, Madison Cty. Bd. of Commrs. v. Bell, 114 Ohio St.3d 1512, 2007-Ohio-4285, 872 N.E.2d 953; Bell v. Nichols, Franklin C.P. No. 2008-CVH04-6427, affirmed in Bell v. Nichols, Franklin App. No. 09AP-438, 2009-Ohio-4851. {¶ 3} Moreover, the mere fact that Bell has already unsuccessfully invoked some of these alternate remedies does not thereby entitle him to the requested extraordinary relief in mandamus. See State ex rel. Agosto v. Cuyahoga Cty. Court of Common Pleas, 119 Ohio St.3d 366, 2008-Ohio-4607, 894 N.E.2d 314, ¶ 12; State ex rel. Dreamer v. Mason, 115 Ohio St.3d 190, 2007-Ohio-4789, 874 N.E.2d 510, ¶ 13. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Phillip Wayne Cramer, for appellant. Onda, LaBuhn, Rankin & Boggs Co., L.P.A., and Timothy S. Rankin, for appellee Madison County Board of Commissioners. ______________________ 2
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