# State ex rel. Fant v. Board of Trustees

> Ohio Supreme Court · December 18, 1991 · 62 Ohio St. 3d 276

URL: https://www.frixlaw.com/law-library/cases/6763754

## Case

- **Full name:** The State, ex rel. Fant v. Board of Trustees, Greater Cleveland Regional Transit Authority
- **Court:** Ohio Supreme Court
- **Decided:** December 18, 1991
- **Citations:** 62 Ohio St. 3d 276; 581 N.E.2d 558; 1991 Ohio LEXIS 2883
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Beown, Douglas, Holmes, Moyer, Resnick, Sweeney, Weight
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6763754

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6763754. Public record. Not legal advice.