FHKA has received a favorable decision from the Ohio Supreme Court in a public records case involving the West Licking Joint Fire District. In the case of Davis v. Metzger, et al., Case No. 2014-2026, the Ohio Supreme Court affirmed the decision of the Licking County Court of Appeals in which the West Licking Joint Fire District was awarded attorney’s fees against an attorney who had filed a mandamus action seeking public records from the District. In this case, the mandamus action was filed only three days after the public records request was made. Moreover, the relator maintained the mandamus action even after the District provided all of the documents responsive to the request, engaged in significant discovery and increased both the time involved in the case and the cost to the District. Ultimately, the Fifth District Court of Appeals affirmed the West Licking Joint Fire District’s response to the public records request and dismissed the lawsuit. This decision was upheld by the Ohio Supreme Court on a previous appeal. Subsequently, the District requested that it be awarded attorney’s fees because of the frivolous conduct by relator’s attorney. The Licking County Court of Common Pleas awarded attorney’s fees in excess of $28,000 be paid by the attorney to the District. The Ohio Supreme Court affirmed the award of attorney’s fees.
This case affirms that jurisdictions taking a diligent approach to public records requests not only can have a good outcome, but may also either short-circuit the necessity for litigation or be awarded sanctions in the event of inappropriate conduct by the relator in a mandamus case. Any questions should be directed to Marc Fishel at mfishel@fishelhass.com.