State ex rel. Siebold v. Columbus City Schools Bd. of Edn.

Summary

The Supreme Court of Ohio dismissed as moot a mandamus action brought by Marrisa Siebold seeking to compel the Columbus City Schools Board of Education to provide interim transportation for her child under R.C. 3327.02(E)(2). The court held that the board had begun providing the requested transportation, and rejected application of the voluntary-cessation exception because mandamus seeks to compel performance of a legally required act rather than prohibit conduct. The court also granted certain motions to file revised evidence, denied leave to file another exhibit, and overruled evidentiary objections as moot.

Holdings

1. The mandamus action was moot because the school board had performed the act Siebold sought to compel—providing interim transportation to her child pending mediation.
2. The voluntary-cessation exception did not apply because this was a mandamus action seeking to compel performance of a legally required act, not an action seeking to stop challenged conduct, and the requested act had already been performed.
3. Potential damages and attorney fees did not prevent dismissal because Siebold did not request them in her complaint, and damages under R.C. 2731.11 are recoverable only when a writ of mandamus is granted.

Questions Presented

1. Whether the mandamus action became moot after the school board began providing the interim transportation sought by Siebold.
2. Whether the voluntary-cessation exception to mootness applied because the school board might again fail to provide interim transportation.
3. Whether the possibility of damages or attorney fees prevented dismissal of the mandamus action as moot.

Disposition

dismissed