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State, ex Rel. Lehmann, v. Cmich

Supreme Court of Ohio
Jul 8, 1970
23 Ohio St. 2d 11 (Ohio 1970)

Opinion

No. 69-764

Decided July 8, 1970.

Prohibition — Writ not available, when — Respondent not about to exercise judicial or quasi-judicial power — Fluoridation of city water supply.

IN PROHIBITION.

Relator filed an action in this court seeking a writ of prohibition against respondents, the mayor, the service director and the superintendent of the waterworks of the city of Canton to prevent fluoridation of the water supply pursuant to R.C. 6111.13.

Respondents demur to the amended petition, alleging that relator has an adequate remedy in the ordinary course of law and that the petition does not state facts which show a cause of action.

Mr. Paul M. Perkins, for relator.

Mr. Martin H. Hunker, city solicitor, and Mr. Roy H. Batista, for respondents.


It has long been the law of this state that the conditions which must exist to support the issuance of a writ of prohibition are: (1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must be unauthorized by law; and (3) it must appear that the refusal of the writ would result in injury for which there is no other adequate remedy. State, ex rel. Caley, v. Tax Comm., 129 Ohio St. 83, at 87.

Relator, in his amended petition, admits that the city of Canton supplies water to more than 20,000 persons and that R.C. 6111.13 requires the city to fluoridate its water by January 1, 1971.

R.C. 6111.13 requires respondents to perform a purely ministerial or administrative duty. Respondents are unable to exercise any discretion, except to vary, within narrow statutory limits, the amount of fluorides to be added to the water supply (to be determined by the amount naturally in the water), and the date (prior to January 1, 1971), for implementing fluoridation. Since R.C. 6111.13 allows no exercise of judicial or quasi-judicial discretion by respondents, they are not "about to exercise judicial or quasi-judicial power." Furthermore, a writ of prohibition will not issue where there is an adequate remedy at law. State, ex rel. Stefanick, v. Municipal Court, 21 Ohio St.2d 102, at 104. The demurrer is sustained and the writ is denied.

Writ denied.

O'NEILL, C.J., LEACH, SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.

LEACH, J., of the Tenth Appellate District, sitting for MATTHIAS, J.


Summaries of

State, ex Rel. Lehmann, v. Cmich

Supreme Court of Ohio
Jul 8, 1970
23 Ohio St. 2d 11 (Ohio 1970)
Case details for

State, ex Rel. Lehmann, v. Cmich

Case Details

Full title:THE STATE, EX REL. LEHMANN, v. CMICH, MAYOR, ET AL

Court:Supreme Court of Ohio

Date published: Jul 8, 1970

Citations

23 Ohio St. 2d 11 (Ohio 1970)
260 N.E.2d 835

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