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STATE EX REL. MULTIMEDIA, INC. v. WHALEN

No. 89-1757.

51 Ohio St. 3d 99 (1990)

THE STATE, EX REL. MULTIMEDIA, INC., D.B.A. WLW-TV5, v. WHALEN, CHIEF.

Supreme Court of Ohio.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Frost & Jacobs and Richard M. Goehler, for relator.

Richard A. Castellini, city solicitor, and Karl P. Kadon III, for respondent.

Per Curiam.

We have held that an award of attorney fees in public records cases is discretionary and is to be determined by the presence of a public benefit conferred by relator seeking the disclosure. Moreover, since the award is punitive, reasonableness and good faith of the respondent in refusing to make disclosure may also be considered. State, ex rel. Fox, v. Cuyahoga Cty. Hosp. System (1988), 39 Ohio St.3d 108

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