State ex rel. Cincinnati Enquirer v. Ronan, 2010 Ohio 5680

Enquirer requested all documents submitted by superintendent candidates; records were submitted to CPS post office box.
CPS initially refused, delaying access until after the submission deadline and review/redaction.
Enquirer filed mandamus and fee request; CPS later opened box March 16 and provided redacted records March 17.
Ronan argued the mandamus claim was moot once records were produced.
Court of Appeals dismissed the mandamus claim as moot but remanded on fees; on remand, fees were denied.
This Supreme CourtAffirms the denial of attorney fees, ruling records were not subject to disclosure until retrieved and used by CPS in its duties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court abused its discretion in denying attorney fees.	Enquirer contends records were public when received.	Ronan contends records not yet disclosed until retrieval; fees not warranted.	No abuse; fees denied.
When do requested records become subject to disclosure under R.C. 149.43 in this context?	Records were public upon receipt in the box.	Records become subject only when retrieved and used.	Records become subject only after retrieval and use.
Does Whitmore govern whether acceptance of records without retrieval justifies fees?	Whitmore distinctions do not bar fee entitlement.	Whitmore supports delay in disclosure.	Whitmore supports district’s reasonable non-disclosure until retrieval; no fees.

State ex rel. Pennington v. Gundler, 75 Ohio St.3d 171 (1996) (syllabus on mandamus fee eligibility under R.C. 149.43)
State ex rel. Laborers Intnl. Union v. Summerville, 122 Ohio St.3d 1234 (2009) (amendment to R.C. 149.43 does not preclude fees in moot cases)
State ex rel. Doe v. Smith, 123 Ohio St.3d 44 (2009) (fee considerations in public-records mandamus)
State ex rel. Whitmore v. Beacon Journal, 83 Ohio St.3d 61 (1998) (records not defined as public if not relied upon in decision)
State ex rel. Kish v. Akron, 109 Ohio St.3d 162 (2006) (distinguishes Whitmore where documents were relied upon)
State ex rel. Mazzaro v. Ferguson, 49 Ohio St.3d 37 (1990) (definition of records includes documents used to perform duties)
State ex rel. Olander v. French, 79 Ohio St.3d 176 (1997) (courts should not punish rational positions on unsettled issues)
State ex rel. Worthington City Bd. of Edn. v. Consumer News Servs., 97 Ohio St.3d 58 (2002) (public interest in disclosures without overbroad rule)
State ex rel. Cincinnati Enquirer v. Ronan, 124 Ohio St.3d 17 (2009) (mootness remand; improper fee denial addressed)