State ex rel. Pennington v. Gundler

The issue presented in this appeal is whether a party seeking public records is entitled to an award of attorney fees where the custodian of the public records initially fails to comply with a proper request made pursuant to the *173Ohio Public Records Act, R.C. 149.43, then complies with the request in response to a mandamus action.

Pennington concedes that the clerk’s production of the records rendered her prayer for mandamus moot, but contends that she is entitled to attorney fees under R.C. 149.43(C). It is not and cannot be disputed that the records requested by Pennington are public records…