State ex rel. Oriana House, Inc. v. Montgomery

Moyer, C J.,

dissenting.

{¶ 37} I respectfully dissent. This case, and many that have come before it, is an example of the difficult position in which courts are placed when legislatures adopt statutes that include words that are critical to the application of the statute, but then fail to define those words.

{¶ 38} Whether a record is a public record depends upon whether the record is kept by a public office. R.C. 149.43(A)(1). “Public office” is defined to include a number of designated legal entities. R.C. 149.011(A). Included among them are “institution[s]” and “public institution[s].” Id.…