State ex rel. Laborers Internatl. Union of N. Am., Local Union No. 500 v. Summerville

{¶ 1} This cause was filed as an original action for a writ of mandamus. We previously dismissed relator’s mandamus claim based on mootness, 121 Ohio St.3d 1447, 2009-0hio-1820, 904 N.E.2d 898, but issued a schedule for the presentation of evidence and briefs on relator’s request for attorney fees. Id. Upon consideration of the parties’ filings, we find as follows.

{¶ 2} Relator is not entitled to a mandatory award of attorney fees under R.C. 149.43(C)(2)(b), which provides:

{¶ 3} “The court shall award reasonable attorney’s fees * * * when * * * the following applies:

{¶ 4} “(i) The public…