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The Exclusive Remedy for Failure to Comply with a Public Records Request is Filing a Civil Action in the Court of Common Pleas

In the case of State ex rel. Crenshaw v. King., 2021-Ohio-4433, the Eighth District Court of Appeals dismissed a Realtor’s petition for a writ of mandamus and for injunctive relief based on a lack of jurisdiction.

Here, the Relator claimed that the Respondent improperly destroyed and/or threatened to destroy public records.

The Court of Appeals reasoned that the exclusive remedy for a failure to comply with R.C. 149.351 is to file a civil action in the appropriate court of common pleas in the state of Ohio. As such, the Court of Appeals dismissed the petition.

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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