It is well established that the general rule in Ohio is that attorney fees are not recoverable as part of the costs of litigation in the absence of statutory authorization. See Sorin v. Bd. of Edn. (1976),
Appellant alleges further that he is entitled to recover his attorney’s fees for the mandamus action because it was necessitated by the commission’s “bad faith, vexatious, wanton, obdurate or oppressive” actions. We hold, however, that appellant has not borne his burden of proof to establish any improper action by the commission. Thus, we do not decide whether such actions, if proven, would entitle one to recover attorney’s fees.
Accordingly, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
