COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 74039
STATE OF OHIO, EX REL.,       :        ORIGINAL ACTION
HARRY HESS                    :
                              :
          Relator             :
                              :         JOURNAL ENTRY
          v.                  :              AND
                              :            OPINION
CITY OF WESTLAKE, ET AL.      :
                              :
                              :
          Respondent          :
DATE OF ANNOUNCEMENT
   OF DECISION:                    MARCH 4, 1998
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          Writ Dismissed.
DATE OF JOURNALIZATION:
APPEARANCES:
For Relator:                       For Respondent:
EDWARD M. GRAHAM, ESQ.             DAVID M. LYNCH, ESQ.
11705 Detroit Avenue               Director of Law
Lakewood, Ohio  44017              City of Westlake
                                   27216 Hilliard Boulevard
                                   Westlake, Ohio  44145
                               -2-
KARPINSKI, P.J.:
     Sua sponte, the relator's complaint for a writ of mandamus is
dismissed without prejudice.  The relator has failed to comply with
Loc.App.R. 8(B)(1) which provides that  all complaints must contain
the specific statements of fact upon which the claim of illegality
is based and must be supported by an affidavit from the plaintiff
or relator specifying the details of the claim.   See State ex rel.
Simmons v.  Judge Angelotta (June  12, 1997),  Cuyahoga App.  No.
72198,  unreported; State ex  rel. Key v.  Court of Common  Pleas
(Jan. 9, 1997), Cuyahoga App. No. 71680, unreported; State ex rel.
Taylor v. Court of Common Pleas (Nov. 14, 1996), Cuyahoga App. No.
71536, unreported.
     Case dismissed.  Costs to relator.
SPELLACY, J., and
JAMES D. SWEENEY, J., CONCUR.
                                        DIANE KARPINSKI
                                        PRESIDING JUDGE
.