State ex rel. Hicks v. Clermont County Bd. of Commissioners
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The Supreme Court reversed the judgment of the court of appeals affirming the trial court's award of summary judgment and attorney fees to Plaintiff in this case, holding that plaintiffs alleging violations of Ohio's Open Meetings Act (OMA), Ohio Rev. Code 121.22, bear the burden of proving the violations they have alleged.
Plaintiff filed a complaint alleging that Defendant, the Clermont County Board of Commissioners, violated the OMA on multiple occasions. The trial court granted Plaintiff's motion for summary judgment on his claim regarding nine of the executive sessions and awarded him almost $80,000 in attorney fees. The court of appeals affirmed after applying the burden-shifting framework that it established in State ex rel. Hardin v. Clermont County Bd. Of Elections, 972 N.E.2d 115 (Ohio 2012). The Supreme Court reversed, holding (1) in accordance with the common law and the language of section 121.22, plaintiffs bear the burden of proving the violations they allege; and (2) Plaintiff in this case failed to present evidence showing that Defendant violated the OMA.
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