determining that a court is required to enter a finding and judgment for an appellant when the administrative agency wholly fails to file a record in accordance with the time limits of R.C. 119.12
How later courts described this case
- determining that a court is required to enter a finding and judgment for an appellant when the administrative agency wholly fails to file a record in accordance with the time limits of R.C. 119.12
- rejecting claim of reinstated public employee for vacation days, holidays, and sick-leave hours he would have earned because to accept claim, court would have had to conclude that employee was so healthy that he would never have taken a vacation day, that he would have worked on every holiday, and that he would not have taken any sick leave
- holding an employee of a municipality may receive interest on an award of back pay
Written by the judges who cited it.
The opinion
Clifford F. Brown, J.,
concurring in part and dissenting in part.
I dissent only from that part of the judgment of this court which reverses the Court of Appeals’ judgment awarding attorney fees for relator. It is my view that this protracted litigation, generated by respondents, evidenced by two appeals and one mandamus action, with two unsuccessful, and one successful, efforts for review by this court, all pertaining to the various facets of the same subject matter, is sufficiently indicative of bad faith. Such bad faith of respondents entitles relator to the award of attorney fees.
I concur in that part of the judgment of this court which affirms the Court of Appeals.