Reply To: AWA Loses in Pennsylvania’s Highest Court

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Brian

I did a little research of the MANDAMUS like I said and founds several explanations of how Mandamus works, everything definition I see states the last line in this element that Courts will refuse to grant relief if another judicial alternative is available (ex., Petition for Review to US Circuit Court)
ELEMENTS OF MANDAMUS
Is there a Mandatory Duty?
Plaintiff must show the specific defendant owes him/her a duty.
This duty must normally be mandatory or ministerial, but in some cases, Mandamus has been used to force an agency to exercise its discretion where the government has failed to take any action.
Even if the government has a nondiscretionary duty to adjudicate an application, Mandamus is appropriate only if the government fails to act within a reasonable amount of time.
Courts will refuse to grant relief if another judicial alternative is available (ex., Petition for Review to US Circuit Court).