Subscribe to School Law Newsletter
Close Window

Individual Entitled to Statutory Damages and Court Costs in Action Against Respondent for Failing to Timely Respond to Request for Public Records

In the case of State ex rel. Ware v. Fankhauser, 2022-Ohio-172, the Eleventh District Court of Appeals granted summary judgment in favor of the realtor in an action seeking statutory damages associated with a request for public records.

Here, the realtor filed a verified complaint for writ of mandamus seeking to compel the respondent to comply with a public records request. Thereafter, the respondent complied with the request, thereby rendering the writ of mandamus moot. The realtor then sought judgment in the realtor’s favor as to statutory damages and court costs.

The Court of Appeals reasoned that since the respondent failed to timely provide the requested documents, the realtor was entitled to the maximum amount of statutory damages, as well as court costs since the respondent acted in bad faith for purposefully disregarding the request for over a year.

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.