In the case Anthony v. Columbus City Schools, 2021-Ohio-3241, the Court held that even though a public records request was overly broad, the requester was still entitled top recover costs associated with pursuit of the action when the schools failed to respond to the request or to provide an explanation for the denial within a reasonable time.
Here, the requester alleged that the schools denied the requester access to public records in violation of R.C. 149.43(B). The schools moved to dismiss the complaint, arguing that the request had been fulfilled and that the remaining that the remaining portions of the request. The Court disagreed.
The Court reasoned that the schools failed to timely respond to the request and as such, the requester was entitled to recover the amount of the filing fee and any other costs associated with the action, however the requester was not entitled to attorney’s fees.
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.