2020 Ohio 273
Ohio Ct. App.2020Background
- Relator Robert Korecky submitted three public-records requests to the City of Cleveland seeking the final decision and related notices for BZA Calendar No. 19-106 (daycare variance).
- First request: July 2, 2019 (final decision); city replied July 24 stating no final determination yet.
- BZA did not issue a final decision until August 5, 2019 (the June resolution required a council meeting before finality).
- Korecky filed a mandamus action on September 4, 2019; the city produced all responsive records by September 6, 2019.
- Court found the production rendered the mandamus claim moot but analyzed whether the city’s delay was unreasonable and whether statutory damages under R.C. 149.43(C)(2) were owed.
- Court held the July 2 request was properly answered (no record existed), the Aug. 16 request (final decision) was unreasonably delayed (21 days), the Aug. 19 request (notification letters/list) was timely, and awarded Korecky $200 in statutory damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus requiring production is warranted | Korecky sought writ forcing disclosure | City produced all responsive records during litigation | Moot: mandamus denied because records were produced |
| July 2 request for final BZA decision (nonexistent at time) | City failed to provide final decision | No final decision existed; city informed Korecky | Held for city — no obligation to produce a non-existent record |
| Aug 16/19 requests: timeliness of production (final decision and notices) | Delay impeded Korecky’s ability to appeal; production was untimely | City produced records on Sept 6 and contends 15 business days was reasonable | Mixed: final decision (Aug 16 request) unreasonably delayed (21 days); notification letters/list (Aug 19) reasonably produced |
| Entitlement to statutory damages under R.C. 149.43(C)(2) | Korecky seeks damages for untimely production | City argues production was timely or justified | Awarded $200 ($100 per day from commencement of action for two days before production) |
Key Cases Cited
- State ex rel. Kesterson v. Kent State Univ., 123 N.E.3d 887 (discusses remedies when records produced during litigation)
- State ex rel. Striker v. Smith, 950 N.E.2d 952 (producing records during pendency renders mandamus moot)
- State ex rel. Wadd v. Cleveland, 689 N.E.2d 25 (24-day delay unreasonable for accident reports)
- State ex rel. Consumer News Servs. v. Worthington City Bd. of Edn., 776 N.E.2d 82 (short delays can be unreasonable when timeliness is important)
- State ex rel. Lanham v. Smith, 861 N.E.2d 530 (public office not required to create records that do not exist)
- Cleveland Assn. of Rescue Emps./ILA Local 1975 v. Cleveland, 123 N.E.3d 374 (recent BZA decisions are records that should be readily produced)