STATE EX REL. PLAIN DEALER PUBLISHING CO. v. BARNES

No. 87-115.

38 Ohio St. 3d 165 (1988)

THE STATE, EX REL. PLAIN DEALER PUBLISHING COMPANY, APPELLANT, v. BARNES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 11, 1988.


Attorney(s) appearing for the Case

Baker & Hostetler, Louis A. Colombo and David L. Marburger, for appellant.

Marilyn G. Zack, director of law, and Malcolm C. Douglas, for appellees.

Walter, Haverfield, Buescher & Chockley, F. Wilson Chockley, Jr., Michael T. McMenamin and Frederick W. Whatley, urging reversal for amicus curiae, Storer Communications, Inc.

Baker & Hostetler, urging reversal for amicus curiae, Ohio Newspaper Assn.

American Civil Liberties Union of Cleveland Foundation, Inc., Gordon Beggs, Lois Robinson and William P. Marshall, urging reversal for amicus curiae, American Civil Liberties Union of Cleveland.

Kent Markus and William P. Marshall, urging reversal for amicus curiae, Common Cause/Ohio.


MOYER, C.J.

I

At the outset, we consider whether this cause has been rendered moot by adjournment of the meeting at issue. We note that the Cleveland City Council has engaged in a practice of excluding the press and public from certain of its meetings. Such meetings will normally adjourn before the practice of exclusion is subjected to judicial review. Although a case may be moot, a court may hear the appeal where the issues raised are "capable of repetition...

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