State ex rel. Mobley v. Toledo
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The Supreme Court denied as moot a writ of mandamus requested by Relator compelling the City of Toledo to provide him with copies of public records and to pay statutory damages under Ohio's Public Records Act, Ohio Rev. Code 149.43, holding that that writ was moot.
Relator claimed that he sent a public-records request to the City's police department seeking certain records. When the request was denied Realtor commenced this action and requested statutory damages. Relator later moved to strike an affidavit and accompanying documents on the grounds that Toledo had not served him with the evidence. The Supreme Court denied the motion, holding (1) because Relator conceded that he had not received the records at issue, the writ was moot; and (2) because Relator did not prove by clear and convincing evidence that he sent his purported request by certified mail or any other method, his request for statutory damages is denied.
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