Ohio Supreme Court, 1996

State ex rel. Plain Dealer Publishing Co. v. City of Cleveland

Ohio Supreme Court · Decided August 21, 1996 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

76 Ohio St. 3d 1218; 667 N.E.2d 1232; 1996 Ohio LEXIS 607

Cases that cite this one

11 later published cases cite this decision.

White v. Clinton County Board of Commissioners (Ohio 1997)
State ex rel. Ohio Liberty Council v. Brunner (Ohio 2010)
State ex rel. McGowan v. Cuyahoga Metropolitan Housing Authority (Ohio 1997)
Pegan v. Crawmer (Ohio 1997)
White v. Clinton Cty. Bd. of Commrs. (Ohio 1997)
State ex rel. Stafford v. Carpenter (Ohio Ct. App. 2022)
State ex rel. Dillery v. Icsman (Ohio 2001)
State ex rel. Dillery v. Icsman (Ohio 2001)
Pegan v. Crawmer (Ohio 1997)
State ex rel. McGowan v. Cuyahoga Metro. Hous. Auth. (Ohio 1997)
State ex rel. Plain Dealer Publishing Co. v. Cleveland (Ohio 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

On Application for Costs and Attorney Fees.

This matter is before the court on the application of the relator, Plain Dealer Publishing Company, for attorney fees and costs pursuant to R.C. 149.43, in the total amount of $71,896.64.

Of the requested amounts the following portions are denied: $14,818.75 in attorney fees incurred after August 3, 1995 which are unsupported by any detail; *1219$4,378.75 for fee application preparation; and $7,329.09 and $2,478.80, respectively, for litigation and deposition expenses as not being within the ambit of R.C. 149.43(C) and not within the definition of “costs.” Relator is entitled to a refund of the $100 security deposit and $40 docket fee as costs, since they are specifically taxable as costs. S.Ct.Prac.R. XV(1) and (2).

Therefore, relator is allowed its attorney fees in the amount of $42,891.25 and a refund of costs in the amount of $140. Relator’s motion to amend its application for fees is denied as being moot.

Moyer, C.J., Resnick, F.E. Sweeney and Cook, JJ., concur. Douglas, J., concurs in part and dissents in part. Pfeifer, J., dissents. Stratton, J., not participating.

Concurring in Part

Douglas, J.,

concurring in part and dissenting in part. The only portion of the

$71,896.64 for attorney fees and costs requested by relator that I would deny is the amount detailed for fee application preparation ($4,378.75). I would grant to relator the balance requested for fees and costs ($67,517.89). The more we make the violation of R.C. 149.43 hurt, the less the statute will be violated.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.