STATE EX REL. OLANDER v. FRENCH

No. 96-1695.

79 Ohio St.3d 176 (1997)

THE STATE EX REL. OLANDER, CROSS-APPELLANT, v. FRENCH ET AL., CROSS-APPELLEES.

Supreme Court of Ohio.

Decided July 9, 1997.


Attorney(s) appearing for the Case

E. Dennis Muchnicki, for cross-appellant.

Betty D. Montgomery, Attorney General, William A. Klatt, Simon B. Karas, Vincent E. Garlock and Frank J. Reed. Jr., Assistant Attorneys General, for cross-appellees.

Eugene P. Whetzel and Albert L. Bell, urging reversal for amicus curiae, Ohio State Bar Association.


PFEIFER, J.

Although the issue of privilege between state agencies and their in-house counsel is not before this court, our decision on whether to award Olander attorney fees is necessarily made in the context of that issue. Since we find that the OEPA and its counsel were reasonable in their position that OEPA's communications with its in-house counsel were privileged, and because the public benefit gained by the success of Olander's mandamus action was not significant...

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