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State ex rel. Bar Realty Corp. v. Locher

Citation: 2 ELR 20375
No. No. 71-478, 283 N.E.2d 164/30 Ohio 2d 190, (Ohio, 05/24/1972)

Citizen-taxpayers may not obtain a writ of mandamus to compel city officials to enforce the city's pollution control ordinances against industries alleged to be polluting a river where the city officials, in their answer, deny that the industries in question are acting in violation of the law. The ordinances grant discretion to the city officials and in the absence of a showing that they have abused that discretion, the court will not order them to act.

Counsel for Plaintiffs
William B. Webber
National City Bank Building
Cleveland, Ohio 44114

Roemisch & Wright
National City Bank Building
Cleveland, Ohio 44114

Counsel for Defendants
Richard R. Hollington Director of Law
Thomas A. Smith
Department of Law
City of Cleveland
Cleveland, Ohio 44101

O'NEILL, C.J., SCHNEIDER, HERBERT, STERN, LEACH and BROWN, JJ., concur.