BROOKS v. DAYTON

No. 12164.

70 Ohio App.3d 722 (1990)

BROOKS, Appellee, v. CITY OF DAYTON, Appellant.

Court of Appeals of Ohio, Montgomery County.

Decided December 21, 1990.


Attorney(s) appearing for the Case

Victor A. Hodge, for appellee.

Neil F. Freund and Lisa A. Hesse, for appellant.


FAIN, Judge.

Defendant-appellant city of Dayton appeals from an award of attorney fees. We conclude that there is evidence in the record to support the award of fees, based upon the theory that the city's conduct in denying plaintiff-appellee Anthony F. Brooks' claim for the return of $110, which had been seized as evidence, was vexatious or oppressive conduct, which constitutes a recognized exception to the "American...

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