STATE EX REL. PENNINGTON v. GUNDLER

No. 94-1658.

75 Ohio St.3d 171 (1996)

THE STATE EX REL. PENNINGTON, APPELLANT, v. GUNDLER, CLERK, APPELLEE.

Supreme Court of Ohio.

Decided March 4, 1996.


Attorney(s) appearing for the Case

John J. Mueller, for appellant.

Hillary G. Miller, Hamilton Assistant Director of Law, for appellee.


MOYER, C.J.

The issue presented in this appeal is whether a party seeking public records is entitled to an award of attorney fees where the custodian of the public records initially fails to comply with a proper request made pursuant to the Ohio Public Records Act, R.C. 149.43, then complies with the request in response to a mandamus action.

Pennington concedes that the clerk's production of the records rendered...

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