Opinion

State ex rel. Fant v. Board of Trustees

  • 62 Ohio St. 3d 276
  • 581 N.E.2d 558
  • 1991 Ohio LEXIS 2883
Court
Ohio Supreme Court
Filed
Dec 18, 1991
Status
Published
On the bench
Beown, Douglas, Holmes, Moyer, Resnick, Sweeney, Weight
Cited by
1 cases
Authority
More cited than 66.0%

The opinion

Per Curiam.

R.C. 149.43(C) provides in pertinent part:

“If a person allegedly is aggrieved by the failure of a governmental unit to promptly prepare a public record and to make it available to him for inspection * * *, the person allegedly aggrieved may commence a mandamus action to obtain a judgment that orders the governmental unit or the person responsible for the public record to comply with division (B) of this section * *

The court of appeals granted respondent’s motion to dismiss on the ground that relator failed to join an indispensable party to the action. The court concluded that the board of trustees is not a governmental unit, and that the proper governmental unit here is the regional transit authority. Nor is the board of trustees the person responsible for the public records. GCRTA’s *277 bylaws designate the Secretary-Treasurer of GCRTA as the person responsible for maintaining the public records sought by relator.

We agree with the court of appeals. Accordingly, its judgment is affirmed.

Judgment affirmed.

Sweeney, Holmes, Douglas, Weight, H. Beown and Resnick, JJ., concur.

Moyer, C.J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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