Opinion
2017–0813
03-14-2018
STATE EX REL. SPEEDWAY, L.L.C. v. WRAY.
CASE ANNOUNCEMENTS
MERIT DECISIONS WITHOUT OPINIONS
In Mandamus. On respondents' motion for judgment on pleadings. Motion granted as to counts 2, 3, 4, and 5 of relators' complaint. Motion denied as to relator New Wen, Inc.'s claims in count 1. On motion of amicius curiae Ohio Council of Retail Merchants for leave to file memo urging denial of respondents' motion for judgment on pleadings. Motion granted. Sua sponte, alternative writ granted as to relator New Wen, Inc.'s claim in count 1, and the following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prac.R. 12.05. The parties shall file any evidence they intend to present within 20 days; relator shall file a brief within 10 days after the filing of the evidence; respondent shall file a brief within 20 days after the filing of relator's brief; and relator may file a reply brief within 7 days after the filing of respondent's brief.
O'Connor, C.J., and O'Donnell, Fischer, DeWine, and DeGenaro, JJ., concur.
Kennedy and French, JJ., dissent and would deny respondents' motion for judgment on pleadings and grant an alternative writ as to all claims.