125 Ohio St. 3d 11

The State ex rel. National Employers Network Alliance, Inc. v. Ryan, Admr.

[Cite as State ex rel. Natl. Emps. Network Alliance, Inc. v. Ryan, 125 Ohio St.3d 11, 2010-Ohio-578.]

(No. 2009-1592

Submitted January 12, 2010

Decided February 24, 2010.)

Kegler, Brown, Hill & Ritter, Roger P. Sugarman, David M. McCarty, and R. Kevin Kerns, for relator.

Richard Cordray, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for respondent.

Per Curiam.

{¶ 1} Relator, National Employers Network Alliance, Inc., seeks a writ of mandamus from this court but admits that it did not pursue the administrative appeals available to it. Mandamus cannot issue when the relator has an adequate remedy at law. State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. An administrative appeal generally constitutes an adequate remedy in the ordinary course of law that precludes a writ of mandamus. State ex rel. Hilltop Basic Resources, Inc. v. Cincinnati, 118 Ohio St.3d 131, 2008-Ohio-1966, 886 N.E.2d 839, ¶ 23.

{¶ 2} We hereby grant respondent administrator’s motion for judgment on the pleadings and deny relator’s request for a writ of mandamus. Relator’s motion to strike is not well taken and is overruled.

Writ denied.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

State ex rel. National Employers Network Alliance, Inc. v. Ryan
125 Ohio St. 3d 11

Case Details

Name
State ex rel. National Employers Network Alliance, Inc. v. Ryan
Decision Date
Feb 24, 2010
Citations

125 Ohio St. 3d 11

Jurisdiction
Ohio

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