2013 Ohio 1291
Ohio Ct. App.2013Background
- Relator Amanda Darling, proceeding pro se, filed a mandamus action seeking public records related to flooding along Jordan Creek in Concord Township, Lake County.
- Relator requested (a) investigation reports/complaints, (b) geographical surveys including floodplain designations, (c) statutes/regulations/policies used in responses, (d) drainage maps for Woodcrest and Cali Woods subdivisions, (e) names of officials who approved development and drainage inspectors, (f) names of officials who knew the property was in a flood plain, and (g) a Concord Township map showing watercourses.
- ODNR moved for summary judgment, arguing it has no records and no authority over floodplain matters in Concord Township.
- Lake County and Concord Township Trustees also moved for summary judgment, arguing records either do not exist or are already provided, and that records have been made available or are not within their duty to create.
- The trial court held oral arguments, noted substantial materials were made available or could be obtained, and granted summary judgment for all respondents, finding the requested records either do not exist or have been provided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ODNR has records responsive to the request | ODNR possesses records per public records Act. | ODNR has no records; no jurisdiction/enforcement in Concord Township. | ODNR did not have responsive records; no duty to create records |
| Whether Lake County must produce records that may not exist | Documents exist or should exist; defendant must disclose. | No such records exist; inspected materials provided; nonexistence confirmed by officials. | No genuine issue; records either do not exist or already provided; action moot |
| Whether Concord Township had to produce or locate records | Concord Township has maps/records documenting floodplain issues. | Map available; township will provide copies upon payment; no duty to create records. | No duty to create records; map available upon request; action moot |
Key Cases Cited
- Physicians Comp. for Responsible Medicine v. Bd. of Trustees of Ohio State Univ., 108 Ohio St.3d 288 (Ohio 2006) (mandamus under R.C. 149.43; records not created on demand)
- State ex rel. Morabito v. City of Cleveland, 2012-Ohio-6012 (Ohio 8th Dist. 2012) (public records act; government not required to create records)
- State ex rel. Chatfield v. Gammill, 132 Ohio St.3d 36 (Ohio 2012) (no duty to create records that do not exist)
- Gannett Satellite Info. Network v. Shirey, 78 Ohio St.3d 400 (Ohio 1997) (records provided render mandamus moot)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment standard and burden-shifting criteria)
- State ex rel. Dehler v. Spatny, 2010-Ohio-3052 (11th Dist. Ohio 2010) (summary judgment standard provenance)