STATE EX REL. DISPATCH PRINTING CO. v. CITY OF COLUMBUS

No. 99-1521.

90 Ohio St.3d 39 (2000)

THE STATE EX REL. DISPATCH PRINTING COMPANY, APPELLEE, v. CITY OF COLUMBUS ET AL.; FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE NO. 9, APPELLANT.

Supreme Court of Ohio.

Decided September 20, 2000.


Attorney(s) appearing for the Case

Zeiger & Carpenter, John W. Zeiger and Marion H. Little, Jr., for appellee.

Vorys, Sater, Seymour & Pease, L.L.P., James E. Phillips and John J. Kulewicz; Cloppert, Portman, Sauter, Latanick & Foley, Robert W. Sauter and Ronald H. Snyder, for appellant.

Baker & Hostetler, L.L.P., David L. Marburger and Douglas R. Sergent, urging affirmance for amicus curiae, Ohio Coalition for Government.

Lucy A. Daiglish, pro hac vice, urging affirmance for amicus curiae, Reporters Committee for Freedom of the Press.

Spater, Gittes, Schulte & Kolman, Kathleen B. Schulte and Frederick M. Gittes, urging affirmance for amici curiae, Ohio Civil Rights Coalition et al.


MOYER, C.J.

The issue presented by this appeal is whether the FOP could legally intervene in the mandamus action filed by the Dispatch, which seeks the release of public records pursuant to R.C. 149.43, based upon a provision in a collective bargaining agreement that requires periodic disposal of certain police records. Because our decision in State ex rel. Dispatch Printing Co. v. Wells (1985), 18 Ohio St.3d 382

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