If the court hearing a case under section 733.59 of the Revised Code is satisfied that the taxpayer had good cause to believe that his allegations were well founded, or if they are sufficient in law, it shall make such order as the equity of the case demands. In such case the taxpayer shall be allowed his costs, and, if judgment is finally ordered in his favor, he may be allowed, as part of the costs, a reasonable compensation for his attorney.
Notes of Decisions
Cited in 65
cases (5 in the last 5 years), 1954–2025 · leading case: State ex rel. Harris v. Rubino, 126 N.E.3d 1068 (Ohio 2018).
State ex rel. Harris v. Rubino, 126 N.E.3d 1068 (Ohio 2018). · cites it 19דDavis, and Travis Lane Maggard (the "committee"), their allowable costs and reasonable attorney fees under R.C. 733.61 in connection with their successful petition for a writ of mandamus ordering respondent *1070 Solon Director of Finance Matt Rubino to certify the sufficiency…”
State ex rel. Harris v. Rubino (Slip Opinion), 2018 Ohio 3609 (Ohio 2018). · cites it 5ד59 and seeks costs and reasonable attorney fees under R.C. 733.61. With its complaint, the committee filed a motion to establish the amount of security for the costs of the proceeding under R.”
Mack v. Toledo, 2019 Ohio 5427 (Ohio Ct. App. 2019). · cites it 12דFinally, the City contends that the trial court erred in awarding attorney fees against it pursuant to R.C. 733.61. {¶ 2} We have also received amicus curiae briefs from the Board of Health of Summit County Combined General Health District (Summit), and from Advocates of Basic 1…”
State ex rel. Fox v. Cuyahoga Cnty. Hosp. Sys., 529 N.E.2d 443 (Ohio 1988). · cites it 3ד* * * To confer as being deserved or merited.” That the award of attorney fees is discretionary is further verified by various cases that have disposed of this issue within the context of R.”
State ex rel. Citizens for a Better Portsmouth v. Sydnor, 572 N.E.2d 649 (Ohio 1990). · cites it 4דIn their complaint, relators also requested attorney fees under R.C. 733.61. R.C. 733.58 requires the municipal solicitor to bring an action in mandamus to compel a municipal officer or board to perform a duty expressly enjoined by law or ordinance should the officer or board…”
City of Hubbard ex rel. Creed v. Sauline, 659 N.E.2d 781 (Ohio 1996). · cites it 2דAs such, the court was required to entertain appellant’s motion filed pursuant to R.C. 733.61, which provides: “If the court hearing a case under section 733.”
State ex rel. Pennington v. Bivens (Slip Opinion), 2021 Ohio 3134 (Ohio 2021). · cites it 2דAny taxpayer of any municipal corporation in which there is no village solicitor or city director of law may bring such suit on behalf of the municipal corporation.”
Hess v. City of Toledo, 729 N.E.2d 823 (Ohio Ct. App. 1999). · cites it 10דThe trial court granted appellants’ request for costs pursuant to R.C. 733.61 but found that appellants were not entitled to attorney fees because the case was moot and no public benefit had been bestowed on the public as a result of the lawsuit.”
State Ex Rel. City of Elyria v. Trubey, 493 N.E.2d 254 (Ohio Ct. App. 1983). · cites it 5דAs to the first contention, the statutory basis relied upon for the award of attorney fees is found in R.C. 733.61 which provides as follows: “If the court hearing a case under section 733.”
State ex rel. DeBrosse v. Cool, 716 N.E.2d 1114 (Ohio 1999). · cites it 2דDespite respondents’ claims that such fees are not authorized by statute, these fees might be recoverable under R.C. 733.61. The decision to award attorney fees to successful relators in an R.”
City of Cincinnati Ex Rel. Kuntz v. City of Cincinnati, 606 N.E.2d 1028 (Ohio Ct. App. 1992). · cites it 6דnt that he was entitled to participate in the city’s retirement system, and that he was entitled to sick pay and vacation credit for the period of June 30, 1968 to June 2, 1973; an injunction prohibiting the city from misapplying funds and abusing its powers by *88 refusing to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.