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UPDATED: Seven to Ten-Month Public Record Response Deemed Unreasonable

In the case of Morrison v. Starr, 2023-Ohio-425, a special master concluded that a city’s seven-month delay in acknowledging receipt of a public record request and ten-month delay in producing the requested records were both well beyond a “reasonable period of time” in violation of R.C. 149.43(B)(1). While the special master explained that, whether a public office has provided records within a “reasonable period of time” depends upon all the pertinent facts and circumstances of each case, in this case, the city offered absolutely no excuse of any kind for its delay in producing the records.

To read the special master’s report, click here.

UPDATE: On February 14, 2023, the Ohio Court of Claims adopted the special master’s report and recommendation, which can be viewed by clicking here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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