Opinion
No. 2008-2149.
March 25, 2009.
In Mandamus.
MERIT DECISIONS WITHOUT OPINIONS.
On respondents' motion to dismiss and relators' motion for judgment on the pleadings. On S.Ct.Prac. R. X(5) determination, the motion for judgment on the pleadings is denied, the motion to dismiss is granted, and the cause is dismissed. Relators have an adequate remedy in the ordinary course of the law by filing a complaint in the common pleas court pursuant to R.C. 4115.16(B). See State ex rel. Vaughn Industries, L.L.C. v. Ohio Dept of Commerce, 109 Ohio St.3d 482, 2006-Ohio-2994, 849 N.E.2d 31, ¶ 18; State ex rel. Natl. Elec. Contrs. Assn., Ohio Conference v. Ohio Bur. of Emp. Servs. (1998), 83 Ohio St.3d 179, 183, 699 N.E.2d 64.
MOYER, C.J., and LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.
PFEIFER, J., dissents and would grant an alternative writ.