State Ex Rel. Dayton Newspapers, Inc. v. Wagner

In this case, respondent, A.J.- Wagner, has filed a motion to dismiss the mandamus complaint of relator, Dayton Newspapers, Inc. (“DNI”). DNI has responded to the motion and has also filed a motion for sanctions, asking that we award attorney fees incurred by DNI in answering the motion to dismiss.

DNI’s mandamus complaint was filed on November 26, 1997, and alleges that Wagner, the Montgomery County Auditor, failed to comply with R.C. 5719.04. This section of the Ohio Revised Code requires county auditors to publish a delinquent personal and classified property tax list and a preliminary…