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Complaint Alleging Denial of Public Records Request Deemed Moot Where Documents Were Timely Produced

In the case Isreal v. Franklin Cty. Commrs., 2021-Ohio-3824, the Tenth District Court of Appeals held that the trial court did not err in adopting the special master’s recommendation to deny a requester’s claim for production of documents as moot.

Here, the requester alleged that the requester was denied access to public records in violation of R.C. 149.43. The requester was seeking records related to an incident in which requester became trapped in an elevator that malfunctioned. The special master found that requester’s claim was moot because requester had been provided with all but two documents in a timely fashion. The trial court adopted the special master’s recommendation.

The Court of Appeals reasoned that because the requester was provided with the requested documents within a reasonable period of time, the trial court did not err in adopting the special master’s recommendation.

To read this case, click 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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