Relator, a city, filed mandamus action against county board of elections and its director, seeking an order requiring board to place city’s proposed income tax levy on primary and special election ballot.
The Supreme Court held that:
- City lacked adequate remedy in ordinary course of law absent writ of mandamus ordering board to place city’s proposed levy on ballot;
- Provision governing the levying of municipal income tax in excess of one percent only required municipality to timely file with board its resolution directing board to conduct election on specified date, as well as “copy of the ordinance” the city’s electors would be voting on; and
- Board of elections “clearly disregarded applicable law” by improperly requiring city to pass ordinance before submitting it to voters and, thus, city was entitled to writ of mandamus ordering board to place proposed levy on ballot.