public office asserts exception (Ohio) · Go Syfert
← Ohio issues

public office asserts exception in Ohio

9 Ohio opinions name it 1 courts 2018–2022 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Hurt v. Liberty Twp.green
ohioctapp · 2017 · cited in 8 Ohio opinions naming this issue, 2018–2021
2 sentences

2021Hurt v. Liberty Twp., 2017-Ohio- 7820, 97 N.E.3d 1153, ¶ 27-30 (5th Dist.). {¶4} If a public office asserts an exception to the PRA, the burden of proving the exception rests on the public office.

2020Hurt v. Liberty Twp., 2017-Ohio-7820 , 97 N.E.3d 1153, ¶ 27-30 (5th Dist.). {¶5} If a public office asserts an exception to the PRA, the burden of proving the exception rests on the public office.

78

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Welsh-Huggins v. Jefferson Cty. Prosecutor's Office (Slip Opinion) green
ohio · 2020
2 sentences

2022Prosecutor’s Office, 163 Ohio St.3d 337 , 2020-Ohio-5371 , 170 N.E.3d 768, ¶ 33 . {¶5} If a public office asserts an exception to the Public Records Act as the basis for withholding records, the burden shifts to the public office to establish its applicability: Exceptions to disclosure under the Public Records Act, R.C. 149.43, are strictly construed against the public-records custodian, and the custodian has the burden to establish the applicability of an exception.

2022Prosecutor’s Office, 163 Ohio St.3d 337 , 2020-Ohio-5371 , 170 N.E.3d 768, ¶ 33 . {¶5} If a public office asserts an exception to the Public Records Act as the basis for withholding records, the burden shifts to the public office to establish its applicability: Exceptions to disclosure under the Public Records Act, R.C. 149.43, are strictly construed against the public-records custodian, and the custodian has the burden to establish the applicability of an exception.

12022–2022

Statutes the citing opinions construe

OH § Ohio Rev. Code § 149.43 (9) OH § Ohio Rev. Code § 2743.75 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check