Parrish v. Village of Glendale

Citations

• 2018 Ohio 2913

Syllabus

Core Terms: public record court of claims R.C. 2743.75 R.C. 149.43(B)(1) moot promptly. Overview: On January 20, 2018, Requester sought 1) a 2015 file for village sewer and water issues, and 2) records of the village budget for 2015 as related to sewer, water, and other utilities. The special master found that respondent had provided records responsive to the first request in an earlier response and again on March 2, 2018, and provided the additional records identified in the second request on March 2, 2018. The special master recommended that the court find that both requests were moot, but the delay of six weeks in producing budget records in response to the second request violated respondent's duty to produce those records promptly. Respondent objected to the finding that it had failed to provide all records promptly, and to the recommendation that its motion to dismiss be denied and the case determined on the merits. Outcome: The court overruled the objection regarding denial of the motion to dismiss. The court found that under the facts and circumstances of the case the special master's conclusion that respondent failed to promptly prepare and make records available for inspection pursuant to R.C. 149.43(B)(1) should not be adopted. The court adopted the report of the special master, as modified, and rendered judgment in favor of respondent.