CHECKS ALLEGEDLY CONTRIBUTING OVER
$850,000 TO THE LEGAL SETTLEMENT IN THE CASE ARE 'PUBLIC RECORDS'
SUBJECT TO DISCLOSURE, EVEN THOUGH THE REQUESTED CLAIM DOCUMENT
AND CHECK COPIES ARE IN THE POSSESSION OF THE CITY'S ATTORNEYS AND
OTHER REPRESENTATIVES. SEE, HURT V. LIBERTY TWP., 2017-OHIO-7820, ¶¶ 66-
78 (5TH DIST. 2017). THE COURT OF CLAIMS FURTHER ERRED BY FAILING TO
FIND THAT THE CITY CARRIES THE BURDEN TO SHOW THAT THE REQUEST FOR
THE CITY'S CORRESPONDENCE WITH GAIG REGARDING THE POWELL
CROSSING LITIGATION IS 'AMBIGUOUS AND OVERBROAD,' PARTICULARLY
WHERE, AS HERE, THE CITY REFUSES TO REQUEST RESPONSIVE
CORRESPONDENCE FROM THE PUBLIC RECORDS CUSTODIAN(S), INCLUDING
ATTORNEY DANIEL DOWNEY. THE REQUESTER HAS SHOWN HE IS ENTITLED TO
THE PRODUCTION OF THE REQUESTED DOCUMENTS NOTWITHSTANDING THE
ERRORS THAT THE COURT OF CLAIMS MADE WITH RESPECT TO ASSIGNING THE
BURDEN OF PROOF.
{¶13} "II. THE COURT OF CLAIMS ERRED BY DENYING THE REQUESTER'S
CLAIM FOR THE PRODUCTION OF RECORDS PURSUANT TO R.C. 149.43(B) AND
R.C. 2743.75 FOR TRUE, ACCURATE, AND COMPLETE COPIES OF TWO GREAT
AMERICAN INSURANCE GROUP CHECKS (INCLUDING, WITHOUT LIMITATION,
THE ENTIRE FRONT AND BACK OF EACH CHECK, ACCOUNT AND ROUTING
INFORMATION, SIGNATURE BLOCKS, SECURITY FEATURES, AND CHECK STUBS)
THAT ALLEGEDLY CONTRIBUTED FUNDS TO THE CITY'S LEGAL SETTLEMENT
WITH A REAL ESTATE DEVELOPER IN THE POWELL CROSSING LITIGATION IN Delaware County, Case No. 2018 CAI 12 0098 6
THE AMOUNTS OF $850,000 AND $400. THE COURT OF CLAIMS FURTHER ERRED
BY FINDING THAT SUCH CHECK COPIES ARE NOT 'PUBLIC RECORDS' UNDER
R.C. 149.43(A) AND 149.011(G), WHERE: (A) THE CITY POSSESSES AND MAY
ACCESS THE CHECK COPIES THROUGH AT LEAST THREE ATTORNEYS,
REPRESENTATIVES, OR AGENTS ACTING ON ITS BEHALF; AND (B) GAIG'S
CONTRIBUTION TO THE POWELL CROSSING SETTLEMENT INFLUENCED AND
CAUSED THE CITY COUNCIL TO APPROVE THE SETTLEMENT AND APPROPRIATE
$950,000 IN CITY FUNDS TO IT. THE COURT OF CLAIMS ERRED AND ABUSED ITS
DISCRETION TO THE EXTENT THAT IT FOUND THAT THE CITY DOES NOT
POSSESS OR COULD NOT ACCESS THE COMPLETE CHECK COPIES THROUGH
PERSONS ACTING ON THE CITY'S BEHALF. THE COURT OF CLAIMS FURTHER
ERRED AND ABUSED ITS DISCRETION BY FINDING THAT THE CITY PROVIDED
'COPIES OF ITS RECORDS DOCUMENTING OF THE FACT OF, THE AMOUNT OF,
AND THE COMPLETION OF THE INSURANCE COMPANY'S [I.E. GAIG'S] PAYMENTS'
IN THE AMOUNTS OF $850,000 AND $400 TO THE CITY'S $1.8 MILLION LEGAL
SETTLEMENT WITH A PRIVATE REAL ESTATE DEVELOPER IN THE POWELL
CROSSING LITIGATION.
{¶14} "III. THE COURT OF CLAIMS ERRED AND ABUSED ITS DISCRETION
BY FAILING TO ADEQUATELY IDENTIFY THE DOCUMENTS THAT THE CITY FILED
UNDER SEAL WITH IT AND BY FAILING TO DISCLOSE WHETHER THE GAIG CHECK
COPIES FILED UNDER SEAL INCLUDE ACCOUNT AND ROUTING NUMBERS.
{¶15} "IV. THE COURT OF CLAIMS ERRED BY DENYING THE REQUESTER'S
CLAIM FOR THE PRODUCTION OF RECORDS PURSUANT TO R.C. 149.43(B) AND Delaware County, Case No. 2018 CAI 12 0098 7
R.C. 2743.75 FOR ANY AND ALL WRITTEN CORRESPONDENCE (INCLUDING BUT
NOT LIMITED TO EMAILS, LETTERS, AND NOTICES) REGARDING THE POWELL
CROSSING CASE OR THE