State ex rel. Wasserman v. Fremont

Summary

The Supreme Court of Ohio held that a court may compel a public authority to initiate appropriation proceedings through mandamus only after determining that the claimant's property has been taken. The court reversed and remanded because the court of appeals granted the writ without first deciding whether the city had effected a taking, directing further proceedings on that issue and requiring clear and convincing evidence.

Holdings

1. A court may compel a public authority to institute an appropriation proceeding through mandamus only after determining that the relators' property has been taken; merely alleging a taking is insufficient.

Questions Presented

1. Whether a court may grant a writ of mandamus compelling a public authority to commence an appropriation proceeding before determining that the authority has taken the relators' property.
2. Whether the Wassermans were required to establish that a compensable taking had occurred before obtaining mandamus.

Disposition

reversed_and_remanded