State ex rel. Burkons v. Beachwood
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus to compel the City of Beachwood to terminate special prosecutor Stephanie Scalise, holding that this case was moot.
Burkons was charged with one count of interfering with civil rights. City Prosecutor Nathalie Supler moved for leave to withdraw as counsel due to a conflict of interest because Burkons was a city council member. Supler asked the trial court to appoint Scalise as special prosecutor in this case. The municipal court judge granted the motion. Burkons eventually filed a complaint in mandamus against the City challenging Scalise's "unauthorized representation of the City." The court of appeals dismissed the mandamus action. The days earlier, a writ of prohibition was issued halting the criminal case against Burkons based on improper venue. The Supreme Court affirmed the dismissal of Appellant's mandamus complaint, holding that this action was moot.
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