State ex rel. Plain Dealer Publishing Co. v. Cleveland - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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1 The State ex rel. The Plain Dealer Publishing Company v. City of
2 Cleveland.
3 [Cite as State ex rel. Plain Dealer Publishing Co. v. Cleveland (1996),
4 _____Ohio St.3d ____.]
5 Public records -- R.C. 149.43(C) -- Determination on application for
6
attorney fees and costs.
7 (No. 95-594 -- Submitted July 10, 1996 -- Decided August 21, 1996.)
8 In Mandamus.
9 On Application for Costs and Attorney Fees.
10
This matter is before the court on the application of the relator, Plain
11 Dealer Publishing Company, for attorney fees and costs pursuant to R.C.
12 149.43, in the total amount of $71,896.64.
13
Of the requested amounts the following portions are denied:
14 $14,818.75 in attorney fees incurred after August 3, 1995 which are
15 unsupported by any detail; $4,378.75 for fee application preparation; and
16 $7,329.09 and $2,478.80, respectively, for litigation and deposition
17 expenses as not being within the ambit of R.C. 149.43(C) and not within the
18 definition of "costs." Relator is entitled to a refund of the $100 security

1 deposit and $40 docket fee as costs, since they are specifically taxable as
2 costs. S.Ct. Prac. R. XV(1) and (2).
3
Therefore, relator is allowed its attorney fees in the amount of
4 $42,891.25 and a refund of costs in the amount of $140. Relator's motion
5 to amend its application for fees is denied as being moot.
6
MOYER, C.J., RESNICK, F.E. SWEENEY and COOK, JJ., concur.
7
DOUGLAS, J., concurs in part and dissents in part.
8
PFEIFER, J., dissents.
9
STRATTON, J., not participating.
10
DOUGLAS, J., concurring in part and dissenting in part. The only
11 portion of the $71,896.64 for attorney fees and costs requested by relator
12 that I would deny is the amount detailed for fee application preparation
13 ($4,378.75). I would grantto relator the balance requested for fees and costs
14 ($67,517.89). The more we make the violation of R.C. 149.43 hurt, the less
15 the statute will be violated.
16
17

2