State ex rel. Nelson v. Fuerst

The issue presented for our review is: Did the court of appeals err in finding that respondents had a duty to mail public records on request? For the reasons that follow, we hold that R.C. 149.43 does not require custodians to mail either copies of public records or the records themselves. Accordingly, we reverse.

Respondents do not dispute that the records Nelson seeks are subject to public disclosure under R.C. 149.43(B). They object only to the court’s procedure for enforcing this statute. Respondents contend that this procedure is contrary to R.C. 149.351(A), which prohibits the removal or…