State ex rel. Greene County Board of Commissioners v. O'DiamAnnotate this Case
The Supreme Court granted a peremptory writ prohibiting Judge Thomas O'Diam of the probate division of the Greene County Court of Common Pleas from enforcing his orders concerning the control of Courtroom 3 in the Greene County Courthouse and prohibiting Judge O'Diam from entering additional orders relating to the dispute over the control of Courtroom 3, holding that Judge O'Diam acted beyond his authority in issuing his orders requiring the Greene County Board of Commissioners to designate Courtroom 3 as the probate-division's courtroom.
During this dispute, Courtroom 3 was under the control of the General Division of the Greene County Court of Common Pleas. Judge O'Diam ordered the Board to designate Courtroom 3 as the probate division's courtroom and to provide the probate division exclusive use of the room three days a week. The Board and Greene County sought a writ prohibiting the judge from enforcing his orders. In a related case, Judge O'Diam sought a writ of mandamus to enforce his orders. The Supreme Court granted a peremptory writ of prohibition with the qualification that its issuance was without prejudice to Judge O'Diam's claim that he was entitled to have the County pay his attorney fees and litigation expenses related to defending and attempting to enforce his orders.