2009-Ohio-1820

State ex rel. Laborers Intenatl. Union of N. Am., Local Union No. 500 v. Summerville.

No. 2008-2139.Supreme Court of Ohio.
April 22, 2009.

In Mandamus.

MERIT DECISIONS WITHOUT OPINIONS
On respondent’s motion to dismiss and relator’s motion for judgment on the pleadings. Motion for judgment on the pleadings is denied. Motion to dismiss is granted based on mootness. Relator’s claim for a writ of mandamus is dismissed.

The following schedule is set for the presentation of evidence and briefs on relator’s request for attorney fees: Relator’s evidence and brief shall be due within ten days from the date of this entry; respondent’s evidence and brief shall be due ten days after the filing of relator’s brief.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, LANZINGER, and CUPP, JJ., concur.

O’DONNELL, J., concurs in dismissing the claim for a writ of mandamus but would deny the request for attorney fees.

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