le - supreme court of ohio1. this is an original action for a writ of mandamus, as well as for...

IN TIIE SUPREME COURT OF OHIO

STATE OF OHIO, ex reGScoff Dunlap7059 Basil Western RoadCanal Winchester, Ohio 43110

Relator,

vs. CASE NO. 12-0369

Kelly Sarko - Violet Township Zoning Inspector12970 Rustic Drive NW AMENED ORIGINAL ACTION INPickerington, Ohio 43147 MANDAMUS

and

William Yaple - Violet Township Director of Part 1 of 2Operations

12970 Rustic Drive NWPickerington, Ohio 43147

and

Chris Smith - Violet Township Fiscal Officer12970 Rustic Drive NWPickerington, Ohio 43147

and

Terry Dunlap, Sr. - Violet Township Trustee12970 Rustic Drive NWPickerington, Ohio 43147

and

Harry Myers, Jr. - Violet Township Trustee12970 Rustic Drive NWPickerington, Ohio 43147

and LEGary Weltlich - Violet Township Trustee JUL 0 2 tOlZ12970 Rustic Drive NWPickerington, Ohio 43147 CLERK UF COURT

SUPREME COURT OF OHIO

and

Kristi Huskey - Violet Township FireDepartment Office Manager

8700 Refugee RoadPickerington, Ohio 43147

and

William L. Loveland - Additional LegalCounsel Violet Township

12970 Rustic Drive NWPickerington, Ohio 43147

Respondents.

AMENDED COMPLAINT FOR AN ORIGINAL WRIT OF MANDAMUS

Wesley T. Fortune (Sup. Ct. No. 0085397)(Counsel of Record)Herbert Strayer (Sup. Ct. No. 0075854)Jessica A. Shields (Sup. Ct. No. 0086326)FORTUNE LAW LIMITED421 Hill Road NorthPickerington, Ohio 43147Office: (614) 452-4201Facsimile: (614) 569-0100E-Mail: [email protected]

[email protected]@wtflegal.com

Counsel for Relator, Scott Dunlap

JURISDICTION

1. This is an original action for a writ of mandamus, as well as for ancillary relief, to compel

Respondents to comply with their obligations under O.R.C. 3.22, the Open Meetings Act, O.R.C.

121.22, Prohibition Against Destruction of Damage of Records, O.R.C. 149.351, Only Necessary

Records to be Made, O.R.C. 149.40, the Public Records Act, O.R.C. 149.43, O.R.C. 305, et seq.

(specifically, O.R.C. 305.14), O.R.C. 309, et seq.(specifically, O.R.C. 309.09), O.R.C. 503, et seq.

(specifically, O.R.C. 503.01, 503.13, and 503.28), O.R.C. 504, et seq. (specifically, O.R.C. 504.08,

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504.09, and 504.15), O.R.C. 505, etseq.(specifically, O.R.C. 505.031 and 505.032), O.R.C. 507, et

seq. (specifically, 507.04, 507.05, 507.07, and 507.11), O.R.C. 519, et. seq. (specifically, O.R.C.

519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10, 519.12, 519.121, 519.122,

519.13, 519.14, 519.15, 519.16, 519.161, 519.17, 519.171, 519.19, 519.21, 519.23, 519.24, and

519.99), O.R.C. 5705, et seq. (specifically, O.R.C. 5705.41 and 5705.45), Article XV, section 7, of

the Constitution of Ohio, Article X, section 2, of the Constitution of Ohio, and Violet Township

Board of Trustees' Resolutions 2007-1003-01 (Records Retention & Destruction Schedule), 2010-

1215-08 (Resolution Employing Township's Attomeys for Particular Matters For the Year 2011),

2011-1116-03 (Public Records Policy), 2011-1207-10 (Resolution Employing Township's

Attomeys for Particular Matters for the Year 2012), 2011-1207-13 (Agreement to Serve as Law

Director), and Zoning Code for Violet Township adopted by resolution and amended from time to

time; to compel Respondents to uphold and faithfully pursue their affirmative duties, to make

available to Relator public records, to prepare, file, and maintain full and accurate meeting minutes

for all meetings and executive sessions lawfully entered, to create, develop or maintain records

required to accurately carry-out and document Respondents' affirmative duties, to maintain the

originals of public records required to be maintained by the township pursuant to its records

retention & destruction schedule, to require Respondents to conduct all meetings in public except

for those meetings that properly constitute executive sessions, to compel the Respondents to execute

and uphold their affirmative duties and obligations, and for an award of costs and attomey fees

under R.C. 121.22(I), 149.351(B), 149.43(C), Zoning Code for Violet Township Section VIII:

Enforcement and Penalties when the aforementioned are construed in pari materia.

2. Respondents are Kelly Sarko, in her official capacity as Violet Township Zoning

Inspector, William Yaple, in his official capacity as Violet Township Administrator, Chris

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Smith, in his official capacity as Violet Township Fiscal Officer, Terry Dunlap, Sr., in his

official capacity as Violet Township Trustee, Harry Myers, Jr., in his official capacity as Violet

Township Trustee, Gary Weltlich, in his official capacity as Violet Township Trustee, and Kristi

Huskey, [daughter of Respondent Terry Dunlap, Sr.] in her official capacity as Violet Township

Fire Department Office Manager, (collectively "Respondents") all acting or failing to act,

lawfully or unlawfully, to conduct the public business of Violet Township through prearranged

discussions by a majority or minority of the Violet Township trustees and its approved

commissions.

3. Respondents, in violation of their affirmative duties and obligations under O.R.C. 3.22, the

Open Meetings Act, O.R.C. 121.22, Prohibition Against Destruction of Damage of Records, O.R.C.

149.351, Only Necessary Records to be Made, O.R.C. 149.40, the Public Records Act, O.R.C.

149.43, O.R.C. 305, et seq. (specifically, O.R.C. 305.14), O.R.C. 309, et seq. (specifically, O.R.C.

309.09), O.R.C. 503, et seq. (specifically, O.R.C. 503.01, 503.13, and 503.28), O.R.C. 504, et seq.

(specifically, O.R.C. 504.08, 504.09, and 504.15), O.R.C. 505, et seq.(specifically, O.R.C. 505.031

and 505.032), O.R.C. 507, et. seq. (specifically, 507.04, 507.05, 507.07, and 507.11), O.R.C. 519,

et. seq. (specifically, O.R.C. 519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10,

519.12, 519.121, 519.122, 519.13, 519.14, 519.15, 519.16, 519.161, 519.17, 519.171, 519.19,

519.21, 519.23, 519.24, and 519.99), O.R.C. 5705, et seq. (specifically, O.RC. 5705.41 and

5705.45), Article XV, section 7, of the Constitution of Ohio, Article X, section 2, of the

Constitution of Ohio, and Violet Township Board of Trustees' Resolutions 2007-1003-01 (Records

Retention & Destruction Schedule), 2010-1215-08 (Resolution Employing Township's Attomeys

for Particular Matters For the Year 2011), 2011-1116-03 (Public Records Policy), 2011-1207-10

(Resolution Employing Township's Attorneys for Particular Matters for the Year 2012), 2011-

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1207-13 (Agreement to Serve as Law Director), and Zoning Code for Violet Township adopted by

resolution and amended from time to time have failed to uphold and faithfully pursue their

affirmative duties, to make available to Relator public records, to prepare, file, and maintain full and

accurate meeting minutes for all meetings and executive sessions, to create, develop or maintain

records required to accurately carryout and document Respondents' duties, to maintain the originals

of public records required to be maintained by the township pursuant to its records retention &

destruction schedule, to require Respondents to conduct all meetings in public except for those

meetings that properly constitute executive sessions, to compel the Respondents to execute and

uphold their affirmative duties and obligations, and for an award of costs and attorney fees under

R.C. 121.22(I), 149.351(B), 149.43(C), Zoning Code for Violet Township Section VIII:

Enforcement and Penalties when construed in pari materia.

4. This Court has jurisdiction of the action under Article IV, section 2, of the Constitution of

Ohio, and under R.C. 143.43(C), 519.24, and 2731.02.

PARTIES

5. Relator, Scott Dunlap, is a resident of Violet Township, Fairfield County, Ohio.

6. Violet Township Board of Trustees, is the governing board of Violet Township which

was formed pursuant to O.R.C. §501 and exercises limited home rule pursuant to O.R.C. §504

and other State and Federal law (hereafter the "Board").

7. RespondA,; Kelly Sarko, (hereafter "Ms. Sarko" or "Sarko") is the Violet Township

Zoning Inspector and holds herself out to the public as such with the affirmative duties and

obligations of the Zoning Inspector pursuant to O.R.C. §519, et. seq. (specifically, O.R.C. §§

519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10, 519.12, 519.121, 519.122,

519.13;519.14,519.15,519.16,519.161,519.17,519.171,519.19,519.21,519.23,519.24,and

5

519.99), the Zoning Code for Violet Township, the Open Meetings Act, O.R.C. 121.22,

Prohibition Against Destruction of Damage of Records, O.R.C. 149.351, Only Necessary Records

to be Made, O.R.C. 149.40, and the Public Records Act, O.R.C. 149.43, all construed in pari

materia.

8. fideWilliam Yaple, (hereafter "Mr. Yaple" or "Yaple") is the Violet Township

Township Administrator (also known as, Director of Operations) and holds himself out to the

public as such with the affirmative duties and obligations of the Township Administrator

pursuant to O.R.C. §505, et seq. (specifically, O.R.C. §505.031 and 505.032), O.R.C. §519, et.

seq. (specifically, O.R.C. §§ 519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10,

519.12, 519.121, 519.122, 519.13, 519.14, 519.15, 519.16, 519.161, 519.17, 519.171, 519.19,

519.21, 519.23, 519.24, and 519.99), the Zoning Code for Violet Township, the OpenMeetings

Act, O.R.C. 121.22, Prohibition Against Destruction of Damage of Records, O.R.C. 149.351, Only

Necessary Records to be Made, O.R.C. 149.40, and the Public Records Act, O.R.C. 149.43, all

construed in pari materia.

9. p Chris Smith, (hereafter "Mr. Smith" or "Smith") is the Violet Township

Fiscal Officer and holds himself out to the public as such with the affirmative duties and

obligations of the Fiscal Officer pursuant to O.R.C. §507,et seq. (specifically, O.R.C. §507.04,

507.05, 507.07, and 507.11), the Open Meetings Act, O.R.C. 121.22, Prohibition Against

Destruction of Damage of Records, O.R.C. 149.351, Only Necessary Records to be Made, O.R.C.

149.40, the Public Records Act, O.R.C. 149.43, and O.R.C. 5705.41 and 5705.45, all construed in

pari materia.

10. Respondent, Terry Dunlap, Sr., (hereafter "Mr. Dunlap, Sr." or "Dunlap, Sr.") was

Chairman of the Board for 2010, has been a member of the Board since 1993, holds himself out

6

to the public as a Trustee with the affirmative duties and obligations of a Trustee pursuant to

Article XV, section 7, of the Constitution of Ohio, Article X, section 2, of the Constitution of Ohio,

O.R.C. §3.22, O.R.C. §504, et seq., O.R.C. §505, et seq., O.R.C. §519, et. seq. (specifically,

O.R.C. 519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10, 519.12, 519.121,

519.122, 519.13, 519.14, 519.15, 519.16, 519.161, 519.17, 519.171, 519.19, 519.21, 519.23,

519.24, and 519.99), resolutions adopted from time to time by the Violet Township Board of

Trustees, and the Open Meetings Act, O.R.C. 121.22, Prohibition Against Destruction of Damage

of Records, O.R.C. 149.351, Only Necessary Records to be Made, O.R.C. 149.40, and the Public

Records Act, O.R.C. 149.43, all construed inpari materia.

1 L ^espondetl,̂ Gary Weltlich, (hereafter "Mr. Weltlich" or "Weltlich"), was Chairman of

the Board for 2011 and was a Board member during the period January 20, 2010 to present,

holds himself out to the public as a Trustee with the affirmative duties and obligations of a

Trustee pursuant to Article XV, section 7, of the Constitution of Ohio, Article X, section 2, of the

Constitution of Ohio, O.R.C. §3.22, O.R.C. §504, et seq., O.R.C. §505, et seq., O.R.C. §519, et.

seq. (specifically, O.R.C. § 519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10,

519.12,519.121,519.122,519.13,519.14,519.15,519.16,519.161,519.17;519.171,519.19,

519.21, 519.23, 519.24, and 519.99), resolutions adopted from time to time by the Violet

Township Board of Trustees, the Open Meetings Act, O.R.C. 121.22, Prohibition Against


149.40, and the Public Records Act, O.R.C. 149.43, all construed in pari materia.

12. Ri , Harry Myers, Jr.,(hereafter "Mr. Myers, Jr." or "Myers, Jr.") is currently the

Chairman of the Board and was a Board member during the period January 20, 2010 to present,

holds himself out to the public as a Trustee with the affirmative duties and obligations of a

7

Trustee pursuant to Article XV, section 7, of the Constitution of Ohio, Article X, section 2, of the

Constitution of Ohio, O.R.C. §3.22, O.R.C. §504, et seq., O.R.C. §505, et seq., O.R.C. §519, et.

seq. (specifically, O.R.C. § 519.03, 519.04, 519.05, 519.06, 519.07, 519.08, 519.09, 519.10,

519.12, 519.121, 519.122, 519.13, 519.14, 519.15, 519.16, 519.161, 519.17, 519.171, 519.19,

519.21, 519.23, 519.24, and 519.99), resolutions adopted from time to time by the Violet

Township Board of Trustees, the Open Meetings Act, O.R.C. 121.22, Prohibition Against


149.40, and the Public Records Act, O.R.C. 149.43, all construed in pari materia.

13. ^esp Kristi Huskey, (hereafter "Ms. Huskey" or "Huskey") is the Violet

Township Fire Department Office Manager, holds herself out to the public as such with the

affirmative duties and obligations of the Violet Township Fire Department Office Manager

pursuant to the resolutions adopted from time to time by the Violet Township Board of Trustees,

the Open Meetings Act, O.R.C. 121.22, Prohibition Against Destruction or Damage of Records,

O.R.C. 149.351, Only Necessary Records to be Made, O.R.C. 149.40, and the Public Records Act,

O.R.C. 149.43, all construed in pari materia.

14. R- . M Williain L. Loveland, (hereafter "Mr. Loveland" or "Loveland") is an attorney

licensed to practice law in the State of Ohio, serves as additional counsel for Violet Township

pursuant to O.R.C. 309.9(B), Resolution No. 2011-1207-10 of Violet Township Board of Trustees

"Resolution Employing Township's Attorneys for Particular Matters for the Year 2012", and

Resolution No. 2010-1215-08 of Violet Township Board of Trustees "Resolution Employing

Township's Attomeys for Particular Matters for the Year 2011", holds himself out to the public as

such with the affirmative duties and obligations of a licensed attorney in the State of Ohio and of the

addi$onal legal advisor for Violet Township, acts as the Zoning Inspector for Violet Township as

8

set forth in O.R.C. §519, et. seq. and in violation of O.R.C. §§ 519.03, 519.04, 519.05, 519.06,

519.07, 519.08, 519.09, 519.10, 519.12, 519.121, 519.122, 519.13, 519.14, 519.15, 519.16,

519.161, 519.17, 519.171, 519.19, 519.21, 519.23, 519.24, 519,99, the Zoning Code for Violet

Township, acts as the Violet Township Administrator as set forth in O.R.C. 505.031 and 505.032

and in violation of O.R.C. 505.031 and 505.032, acts as the Violet Township Fiscal Officer as set

forth in O.R.C. 507, et seq. and in violation of O.R.C. §507.04, 507.05, 507.07, 507.11, 5705.41,

and 5705.45, acts as Township Trustee as set forth in O.R.C. 505, et seq. and in violation of Article

XV, section 7, of the Constitution of Ohio, Article X, section 2, of the Constitution of Ohio, O.R.C.

§3.22, O.R.C. §504, et seq., O.R.C. §505, et seq., the Open Meetings Act, O.R.C. 121.22,

Prohibition Against the Destruction or Damage of Records, O.R.C. 149.351; Only Necessary

Records to be Made, O.R.C. 149.40, the Public Records Act, O.R.C. 149.43, all construed in pari

materia.

FACTUAL ALLEGATIONS

15. The above paragraphs are incorporated herein.

16. The allegations that follow in P ip. are directly supported by the

Affidavit of Scott Dunlap, attached hereto as Appendix A and made a part hereof.

COUNT ONE

17. On November 18, 2010, Relator transmitted a written public records request via hand

delivery pursuant to O.R.C. 149.43 to Sarko asking for hearing records and other records, of or

pertaining to any variances, conditional use permits, changes in zoning restrictions,

administrative waivers, complaints by neighbors about uses made of property, and

correspondence between your department and Terry Dunlap, Sr. and/or Carole Dunlap regarding

9

a shooting range business conducted on the Dunlap properties on and near Basil-Westem Road.

(Exhibit 2)

18. On November 24, 2010, Relator received a response from Loveland "on behalf of the

Violet Township Zoning Inspector" responding to Relator's public records request of November

18, 2010 which included four (4) purported responsive documents: (1) a resolution, (2) a

complaint, (3) and (4) two maps. Loveland testifies, in the capacity of Zoning Inspector, Fiscal

Officer, Township Administrator, and additional counsel for Violet Township writing, "Violet

Township has examined the records of its zoning department for the documents described in

your letter with respect to property owned by Terry and Carol Dunlap. To date oinly four

documents containing references to the specific property or uses of the property were found.

Copies of those documents are enclosed. The first document responsive is a record making

notation of a lawful non-conforming use at this property. That document is dated October 27,

1994 [See Appendix A, Ex. 25]. The second and third responsive documents are zoning maps

which contain notation "NC" on the property owned by Terry and Carol Dunlap. Unfortunately,

one of these zoning maps is not dated, but has been identified as the map that was existence

when Bill Yaple, now the Township Administrator, became the township zoning inspector. That

occurred in January of 1997. The second drawing is labeled "Nonconforming Property Owner's

Map" and is dated December 31, 1997. It again identifies the subject property as non-

conforming. *** Finally, the township received an anonymous complaint regarding the use of

the subject property last March. A copy of that letter is also enclosed [See Appendix A, Ex. 26].

With respect to the comments, representations, and questions contained in the second paragraph

of your letter, I first must note that neither Kelly Sarko nor I remember hearing any complaint or

comment regarding the discharging of firearms frorn any resident of Thorne Subdivision at the

10

BZA hearing that we both attended several weeks ago, during the course ofyour representation

of Scott Dunlap. If and to the extent that the letter asks for advice, direction, and legal analysis

and/or conclusions, all that I am able to report at this time is that the Violet Township has begun

an investigation and evaluation of the situation that has been reported by your letter, and the

prior complaint. Violet Township is addressing and will address many of the questions asked,

including the question of whether or activities in violation of any provision of he Resolution are

occurring at the subject property and the questions of whether or not lawful non-conforming use

rights exist or apply, in the same manner as all assertions of zoning violations are investigated in

the Township. I understand that Terry and Carol Dunlap will be represented byRichard Ricketts

in connection with the Township's investigation. Please feel free to call or write if you have any

farther document needs, or if you wish to discuss any.aspect of your request or this response

further." (Exhibit 3).

19. The four documents produced in response to Relator's October 18, 2010 public records

request. were not the only responsive documents in the possession of the Respondents and in

responding Respondents erroneously misrepresent numerous factors to include that the non-

conforming use record of Appendix A, Ex. 25 concerned a parcel because it involved numerous

parcels (See Appendix A, Ex. 27, 28, 29, 30, 63, and 64) and the "Non-conforming use record"

in Appendix A, Ex. 26 pertains more land than belongs to either Dunlap, Sr. or Carol Dunlap;

yet, Yaple allows Dunlap, Sr. to attest for more than one property owner without affirmation or

written authority to do so. Further, these parcels are not in any recorded official action of the

Violet Township Board of Trustees as required by O.R.C. 503.01, 503.13, 503.28, 504.08,

504.09, 504.10, 504.12, 505.031, 505.032, and the Violet Township Zoning Code contained in

Appendix A, Ex. 17, Section IV(4)(C), and Respondents allegedly had "begur, an investigation"

11

yet no documents of said investigation have been produced to date. (See Appendix A, Ex. 22 ¶

lb. STATUS).

20. Respondents failed to state the legal basis upon which they withheld responsive records

and those actions and inactions constitute a denial of Relator's public records request.

21. Additional legal counsel Loveland exceeded the scope of his authority under O.R.C.

309.09 when he acted in the capacity as Zoning Inspector.


309.09 when he acted in the capacity as Township Administrator.


309.09 when he acted in the capacity as Fiscal Officer.


309.09 when he acted in the capacity as Trustee.

25. Additional legal counsel Loveland failed execute his affirmation duties and obligations

under O.R.C. 309.09 when he acted on November 24, 2010.

26. Additional legal counsel Loveland asserted attorney-client privilege in his November 24,

2010 response to Relator when he was not entitled to do so.

27. Zoning Inspector Sarko's failure to act upon the anonymous complaint of March 29, 2010

is a violation of her obligations and affinnative duties set forth in the Ohio Revised Code.

28. Township Administrator Yaple's failure to act or direct the Zoning Inspector to act upon

the anonymous complaint of March 29, 2010 is a violation of his obligations and affirmative

duties set forth in the Ohio Revised Code.

29. Trustees Dunlap, Sr., Myers, and Weltlich's failure to act or direct the Zoning Inspector

or Township Administrator or Township Legal Adviser or Additional legal counsel to act upon

12

the anonymous complaint of March 29, 2010 is a violation of their obligations and affirmative

duties set forth in the Ohio Constitution, Ohio and federal law.

30. Additional legal counsel Loveland's failure to act upon the anonymous complaint of

March 29, 2010 after promising to do so is a violation of his obligation and affirmative duties set

forth in the Ohio Revised Code.

31. Pursuant to O.R.C. 519.16, and Violet Township Zoning Code in effect at the time the

October 27, 1994 variance was issued, any variance would require a meeting and minutes

reflecting the discussion, and voting to accompany a zoning variation (See O.R.C. 519.09,

519:15, and 519.16).

32. This documentation should be retained indefinitely according to the Violet Township

Record Retention Policy set forth in Appendix A, Ex. 1, 2007-1003-01 Violet Township Board

of Trustees "Adopt a Record Retention & Destruction Schedule.

33. Respondent failed to provide relator with the relevant documentation which would

accompany a variance or failed to comply with the proper procedural requirements to create a

variance in opposition to the Violet Township Zoning Code. (See O.R.C. 519.09, 519.15, and

519.16)

34. By proffering these documents to this request the Violet Township Zoning Inspector

failed to satisfy the standard that a well-informed person responsible for the requested public

records reasonably would have believed the proffered documents sufficiently satisfied the Public

Records Request of O.R.C. 149.43.

35. Pursuant to O.R.C. 519.16 and Violet Township Zoning Code Sarko failed to investigate,

and properly document the complaint mailed on March 23, 2010.

13

36. On November 24, 2010, Loveland assured such an investigation had commenced, and he

was conducting it in excess of the scope of his duties as a legal advisor as limited by O.R.C.

309.09. (See Appendix A, Ex. 3).

37. Violet Township has imputed knowledge of the zoning violations since the inception of

the home occupation, teaching business, and shooting range due to the fact that they are

conducted by Trustee Dunlap, Sr.

38. Because Dunlap, Sr. was a Trustee at the time the "Non-conforming use record" of

Appendix A, Ex. 25 was created in contravention of law, was void ab initio, directly benefitted

Dunlap, Sr. and Carol Dunalp, and constituted a fraud, Relator is entitled to tolling of any statute

of limitations regarding these matters.

39. Because Yaple was the Township's Zoing Inspector at the time the "Non-conforming use

record" was created in contravention of law, was void ab initio, and constituted a fraud, Relator

is entitled to tolling of any statute of limitations regarding these matters.

40. Relator requests this court to issue a mandamus requiring the zoning inspector to

commence a proper zoning inspection pursuant to O.R.C. 504.08 and 519.16 and the Violet

Township Zoning Code properly document this inspection pursuant to the procedures established

by the Violet Township Board of Trustees, and give the documentation to relator pursuant to

O.R.C. 149.43.

41. Relator requests this court to issue a mandamus requiring additional legal adviser

Loveland to limit his representation of Violet Township to the scope of ORC 309.09.

42. Because the Respondents have violated O.R.C. 121.22, the Court must award damages in

the amount of $500.00 for each failure of Respondent to maintain a record pursuant to 121.22(I)

14

in pari materia with O.R.C. 504.09, 504.08, and 507.04 and $1,000 per violation of O.R.C.

149.43.

COUNT TWO

43. On December 15, 2010, Respondents Dunlap, Sr., Myers, and Weltlich, approved Violet

Township Board of Trustees Resolution No. 2010-1215-08 "Resolution Employing Township's

Attomeys for Particular Matters for the Year 2011". (See Appendix A, Ex. 4)

44. Resolution 2010-1215-08 appropriated $75,000 for legal services for 2011, appointed

Donald F. Brosius of Loveland & Brosius, LLC and the law firm of Loveland &. Brosius, LLC as

the Township's legal counsel to represent the Township and its officers, boards and'commissions

in their official capacities and to advise them in connection with such matters as may be referred

to said Counsel by or on behalf of the Board of its designee, the compensation for such counsel

during 2011 shall be paid for as follows: $185 per hour partner attorney time; $165 per hour

senior associate time, and $140 per hour associate time.

45. On May 18, 2011, Relator transmits a public record request via Certified Mail, Appendix

A, Ex. 49, to Rochelle Menningen requesting "any and all invoices from Loveland & Brosius,

LLC from October 1; 2010 through May 17, 2011***" (See Appendix A, Ex. 49).

46. On May 19, 2011, Respondents provided the responsive records and response set forth in

Appendix A, Ex. 50.

47. On November 14, 2011, in response to Relator's Counsel's November 11, 2011 letter to

Loveland, and again asserts that certain documents and communications to include those that

took place or were related to the November 17, 2010 meeting between Loveland and his clients

Dunlap, Sr., Yaple, and Sarko asserting, "[o]f course, in your letter you do not even try to make

15

an argument at to the privilege applying to the notes of the participants in a meeting with counsel

to discuss legal matters. (See Appendix A, Ex. 34).

48. On January 18, 2012, Relator transmitted via hand delivery four public records requests

requesting any page of any Loveland & Brosius, LLC legal invoice issued to Violet Township

containing the name Scott Dunlap, S. Dunlap, Mr. S. Dunlap, Scott, Scott Dunlap's and

S.Dunlap.

49. On February 6, 2012, Relator transmitted via hand-delivery two public records requests.

Please include both the summary page and the detailed client-matter descriptions for each

responsive record. (See Appendix A, Exhibit 10).

50. The responsive records produced in response to Relator's public records requested sets

forth the following (See Appendix A, Ex. 18): July 08, 2011, August 08, 2011, September 12,

2011, October 10, 2011, November 07, 2011, December 05, 2011, and January 11, 2012 all bill

the services of CTJ, WLL, DFB, PNG, SCL, and BAW at $195 per hour or $10 per hour more

than the partner attorney time rate resolved in Resolution 2010-1215-08. Further, the public

records responsive to Relator's public records request contained in Appendix A, Exhibit 55)

invoices for February 07, 2011, March 03, 2011, April 11, 2011, May 03, 2011, and June 06,

2011 are, likewise, billed at $195 per hour. These overbillings are for approximately 291

attorney hours. On information in belief, this results in $2,910 in overbillings assuming all billed

hours were engaged in by partners.

51. In violation of the O.R.C., the Trustees, Additional legal advisor, Fiscal Officer, and

Township Administrator all allegedly reviewed to invoices, yet approved that they be paid in

contravention of the Board's Resolution 2010-1215-08.

16

52. Relator is an aggrieved citizen and, construing O.R.C. 121.22, 149.43, 305.14, 309.09,

504.08, 504.09, 505.032, 507.04, 507.07, 5705.41, and 5705.45, construed in pari materia,

Relator is entitled to statutory damages pursuant to O.R.C. 121:22(I) of $500 per violatiomand

$1,000 for each inaccurate produced or not produced and attorneys' fees and costs of this action.

53. Respondent Loveland should also be compelled to disgorge, per O.R.C. 5705.45, the

overbillings in improper billings.

54. Respondents should be required to repay the Township for the excessive expenditures.

55. The Legal Advisor for Violet Township should conduct an investigation per O.R.C.

5705.45.

56. The billings of additional legal advisor Loveland and Loveland & Brosius, LLC exceeded

the scope of their authority under 309.09.

57. The redactedinvoices, which were void ab initio were not. entitled to attorney-client

privilege and therefore, were wrongfully redacted.

58. The wrofnul redactions constitute a denial under.O.R.C. 149.43 entitling Relator to

statutory damages and an award for attorneys' fees and costs.

59. Further,the invoices produced were not the actual invoices received by Violet Township

as they are missing the stamps which accompany all such invoices. (Appendix A, Ex. 19 & 20).

60. The redacted invoices do not identify the matter for which additional legal advisor is

billing for in specific enough detail to allow a citizen to determine what legal services the

Township is really being billed for. Instead the invoices are coded Miscellaneous or

Miscellaneous Zoning a substantial percentage of the time. (Appendix A, Exhibit 18).

17

61. Relator believes the Miscellaneous and Zoning Miscellaneous billing codes actually

apply to the Terry Dunlap, Sr. zoning issue as an un-redacted bill provided to Relator reflects.

(Appendix A, Exhibit 61).

COUNTFOUR

62. On January 18, 2012, Relator made public records requests for any documentation

supporting non-conforming use and business operations located on Parcel No. 0360028900, and

Parcel No. 03629000. (Appendix A, Ex. 12 & 13).

63. The request was amended and transmitted by hand-delivery on January 23, 2012 to

include parcel number 0360029100. (Appendix A, Ex. 16).

64. In response additional legal advisor for Violet Township provided a previous public

records request, a response to a previous public records request from his office, the complaint

letter already received, the 1994 non-conforming use record already tendered, a map indicating

the property was zoned for non-conforming use, the Violet Township Zoning Code from 1960,

an e-mail containing two GIS maps, the current Violet Township Zoning Code, and an e-mail

communication from Relator's attorney.

65. The response indicates the proper zoning procedure was never commenced.

66. For this reason, the Relator is entitled to statutory damages per O.R.C. 121.22(I), O.R.C.

149.43, and 504.09, 507.04, and 519, et seg. when construed in pari materia.

COUNT FIVE

67. On January 18, 2012, Relator made a public records request asking for "legal invoice

issues to Violet Township containing the name Scott Dunlap, S. Dunlap, Scott, Scott Dunlap's

and S. Dunlap."

18

68. On January 18, 2012, Relator made a public records request asking for "any

conununications electronic or hard-copy containing the name Scott Dunlap, S. Dunlap, Mr. S.

Dunlap, Scott, Scott Dunlap's and S. Dunlap."

69. Relator was denied access to these documents by additional legal advisor Loveland &

Brosius and told the requests were "ambiguous, and/or overly broad in that they are requesting

documents based on a name and fiirther they contain no time limitation." Furthermore,

additional legal advisor stated the paper documents are organized alphabetically by subject

matter.

70. Additional legal advisor stated the electronic documents are organized either by subject

matter or chronologically.

71. Electronic documents can be pulled by an electronic search making this response

insufficient.

72. Because Respondents have denied Relator's public records request, Relator is entitled to

an award of statutory damages per O.R.C. 121.22(I) and 149.43(C) plus an award for attorneys'

fees and costs.

COUNT SIX

73. On October 17, 2011, Relator made a written public records request requesting any and

all agendas, meeting notes/ minutes (both handwritten and those recorded via a word processing

program), from all parties in attendance, and the stated purpose of the meeting held at Dunlap,

Sr.'s personal residence.

74. To date the Violet Township has never proffered notes from that meeting held on

November 17, 2010 at Dunlap, Sr.'s personal residence.

19

75. All attendees are required by O.R.C. to keep accurate notes of the events, facts, and

investigation that was conducted on November 17, 2010 at Dunlap, Sr.'s personal residence if it

truly was a matter of Township business.

76. On four or more occasions, additional legal advisor Loveland stated that the November

17, 2010 meeting and the things discussed were subject to attorney-client privilege (see

Appendix A, Ex. 11, Ex. 50, 54 and 55); however, on or about January 3, 2012, Loveland admits

for the first time that the November 17, 2010 meeting was allegedly concerned the shooting

range and Dunlap, Sr. was there in his private capacity representing himself and Carol Dunlap

regarding their properties before the Township. (See Appendix A , Ex: 56).

77. Relator is requesting a writ of mandamus to compel the Township to proffer the

documentation to relator pursuant to O.R.C. 504.08, 504.09, 505.032, and 519, et seq. among the

other Resolutions of the Township Board.

78. Relator requests statutory damages per O.R.C. 121.22(I) and 149.43(C) plus attorneys'

fees and costs for Respondents' failure to comply with a valid written public records request.

COUNT SEVEN

79. On December 14, 2011, Relator requested to see anytrustee public meeting minutes

supporting the request for and approval of the Dunlap, Sr. or Carol Dunlap's "N/C use property"

pursuant to the Violet Township Zoning Code amended from time to time but as resolved in

1960, Section IV (4)(C).

80. On December 14, 2011, Respondent Sarko promised to locate and provide those

documents. (See Appendix A, Ex. 17).

81. To date Relator has never been provided a copy of any relevant or proper documents

supporting the non-conforming use of the property located at described in Appendix A, Ex. 25.

20

82. Relator requests a writ of mandamus to compel the Township to proffer the requested

documentation pursuant to O.R.C. 121.22, 149.43, 504.09, and 519, et seq., all construed in pari

materia.

83. Relator request statutory damages per O.R.C. 121.22(I) and 149.43(C) plus attorneys'

fees and costs for the Township's failure to provide a properly requested public record pursuant

to O.R.C. 149.43 or to maintain open and accurate records per 121.22 and 504.09.

COUNT EIGHT

84. On January 18, 2012, Relator transmitted several written public records requests via hand

delivery.

85. Beginning on or about November 18, 2010, upon submitting a public records request to

Violet Township through its officers, employees, representative, and trustees said officers,

employees, representatives, and trustees failed to execute their affirmative duties and obligations

and pursuant to the laws of the State of Ohio and certain resolutions of Violet Township by not

producing the requested public records.

86. On December 15, 2011, May 18, 2011, October 17, 2011, December 14, 2011, January

18, 2012, January 23, 2012, February 3, 2012, February 6, 2012, and February 18, 2012, upon

submitting a public records request to Violet Township through its officers, employees,

representative, and trustees said officers, employees, representatives, and trustees failed to

execute their affirmative duties and obligations and pursuant to the laws of the State of Ohio and

certain resolutions of Violet Township by not producing the requested public records.

87. On a continuous basis since October 27, 1994, certain Violet Township officers,

employees, representative, and trustees have failed upon the laws of the State of Ohio and certain

resolutions of Violet Township when said officers, employees, representatives, and trustees

21

failed to execute their affirmative duties and obligations and continue to allow unlawful practices

to continue upon the Parcel set forth in Exhibits 27-29 and 63-64 of Appendix A.

88. On the Violet Township website (see Exhibit 68 of Appendix A) and in its public records

and documents, Respondent, Kelly Sarko, is listed as the Violet Township Zoning Inspector and

holds herself out to the public as such with the affirmative duties and obligations of the zoning

inspector. Ms. Sarko is responsible for the affirmative duties and obligations of zoning

inspector.

89. Pursuant to the Zoning Code of Violet Township which was adopted by resolution by the

Violet Township Board of Trustees, "[t]he [Zoning] Inspector SHALL administer and enforce

this code as an officer of the Zoning Commission and the Board of Trustees. [S]he WILL

receive applications for and issue zoning permits, collect fees, and maintain records as required

by the Trustees and otherwise as required by law." (emphasis added)(see Exhibit 46, Page 154 of

Appendix A)."SECTION VIII: ENFORCEMENT AND PENALTIES 8C Any person, firm,

corporation, association, partnership or other organization who violates any regulation,

provision, amendment or supplement of this Coning Code SHALL BE FINED not more than

five hundred dollars ($500.00) for each offense. Each day's continuation of a violation may be

deemed a separate offense."(emphasis added)(see Exhibit 46, Page 155 of Appendix A).

90. Based upon the evidence contained in this of affidavit regarding zoning complaints (see

Exhibit 2, 3, 26, and 60 of Appendix A) with regard to Respondent Dunlap, Sr. and Carole F.

Dunlap's properties (see Exhibits 27-30, 63-64 of Appendix A),.the open and obvious unlawful

Home Occupation and commercial business of Ohio Certified CCW (see Exhibits 38-40, 42-44,

and 59 of Appendix A) - not conducted entirely within the dwelling, more than five students

present at one time, creating unusually heavy traffic, equipment or process creates offensive

22

noise, parking demand beyond what is reasonable for residential area, signs advertising home

occupation on the property, in right-of-ways, on adjoining properties, and free-standing, no

conditional use permit (see Exhibits 38-40, 42-44, 47- 48,and 59 of Appendix A) and violations

of the zoning code allegedly exempted by way of an unsupportable and inadequate

representation being a non-conforming use record (see Exhibit 25 of Appendix A), coupled with

the lack of evidence supporting Ms. Sarko's affirmative duty to investigate, record fmdings,

make a determination, and recommendations to take or not take enforcement action regarding the

Violet Township Zoning Code, I believe Ms. Sarko has failed to competently execute her

affirmative duties and obligations to enforce the zoning code as zoning inspector.

91. On the Violet Township website and in its public records and documents, Respondent,

Mr. William "Bill" Yaple, is listed as the Violet Township Director of Operations and holds

himself out to the public as such with the affirmative duties and obligations of the township

director. I believe Mr. Yaple is responsible for the affirmative duties and obligations of director

of operations. On 10/27/94, while acting as Violet Township Zoning Inspector, Respondent

Yaple, at the behest of Respondent Dunlap, Sr., executed a non-conforming use record accepting

the misrepresentations contained therein as fact. (see Exhibit 25 of Appendix A and ¶26 above).

Further, Respondent Yaple, like Zoning Inspector Sarko, has visited Respondent Dunlap, Sr. and

Carole F. Dunlap's property, observed the unlawful Home Occupation and operation of the Ohio

Certified CCW firing/shooting range, and continues resist taking action to investigate, document,

or make an enforcement determination with regard to Respondent Dunlap, Sr. and Carole F.

Dunlap's unlawfiul activities. I believe Mr. Yaple has failed to execute and uphold his

affirmative duties and obligations as Violet Township Director of Operations.

23

92. On the Violet Township website and in its public documents and records, Respondent,

Chris Smith, is listed as Violet Township Fiscal Officer and direct supervisor of Respondent,

Rochelle Menningen -Violet Township Fiscal Assistant, and holds himself out in to the public as

such with the affirmative duties and obligations of the fiscal officer. I believe the Fiscal Officer

is the responsible party for responding to public record requests made of Violet Township and an

affirmative duty of the fiscal officer.

93. Consider Exhibit 67 of Appendix A, attached hereto and made a part hereof, is a true and

accurate copy of the Violet Township Budget and Finances Fiscal Office webpage. This exhibit

memorializes the affirmative legal duties of the VioleTTownship Fiscal Officer Chris Smith.

94. Per O.R.C. 507.04, the "Fiscal Officer must keep an accurate record of all township

accounts and transactions. It is the responsibility of the fiscal office to comply strictly with the

legal requirements set for the fiscal officer's duties, to establish and practice rules for efficient

management of the fiscal office, and to follow good accounting practices in maintaining records

and accounts." "The Ohio Revised Code states several required duties of the Fiscal Officer

including, but not limited to: 1) keeping accurate record of the proceedings of the board of

township trustee meetings; 2) keeping accurate records of all the accounts and transactions of eh

township trustees; 3) issuing all checks; and 4) preparing or processing payroll." "The Fiscal

Officer shall keep an accurate account of the board's proceedings at all meetings, and an exact

record of all its accounts and transactions. *** The Violet Township Fiscal Officer [is]

responsible for ensuring that all legal and regular records in the Township are kept in accordance

with the provisions set forth in Section 507.01 of the Ohio Revised Code as well as directives

issued by the State Auditor's Office." "Other responsibilities of the Fiscal Officer/Clerk includes

maintaining all records of the action of the Board of Trustees, their proceedings, budgeting,

24

accounting, payroll and making sure that payroll records are kept up to date, as well as follow

through with various department records to see that they are up to date when the Auditors request

them." "The Fiscal Officer/Clerk is also in charge of the monies that are received for the

Township as well as for all the money that is spent by the Township. *** The Fiscal Officer is

also responsible for keeping of minutes of all meetings of the Trustees."

95. Based upon the evidence contained in this affidavit, regarding compliance with

Respondent Smith's affirmative legal duties and obligations under the Ohio Public Records Act

(see Exhibit 67 of Appendix A) to develop, organize, maintain, and produce for inspection or

copying, during normal business hours or within a reasonable amount of time, the public records

of Violet Township.

96. On May 18, 2011, Relator transmitted a public records request by certified mail to Violet

Township requesting the detailed legal invoices from Loveland &Brosius LCC (see Exhibit 49 of

Appendix A), on May 19, 2011, and produced part, but not all of the public records Relator

requested. (see Exhibit 50 of Appendix A).

97. On October 17; 2011, Relator filed a second public records request by certified mail with

Violet Township requesting information about a meeting that had taken place at Respondent

Dunlap, Sr.'s home regarding (see Exhibit 50 of Appendix A [November 2010 calendar of Kelly

Sarko]) the zoning complaints filed with Violet Township (see Exhibits 2 & 26 of Appendix A)

about Respondent Dunlap, Sr.'s personal commercial business - a firing/shooting range (see

Exhibit 56 of Appendix A).

98. In an attempt to cover-up and/or conceal the actual nature of the legal services being

rendered by Violet Township's additional legal advisor, Loveland, for the personal benefit of

Respondent Dunlap, Sr.'s personal commercial business, the original stamped and approved

25

detailed invoices issued to, approved by, and paid for through the Violet Township Fiscal Officer

were never produced. (see Exhibit 52 of Appendix A). In place of the actual invoices (public

records) requested, the Township directed its legal counsel to produce look-a-like invoices in an

attempt to conceal from and deceive the public about how its tax dollars are being spent.

(compare Exhibit 51 with Exhibit 61 of Appendix A). The allegedly responsive invoices do not

contain the "Violet Township Receipt" stamp or "Ven.#, App. A/C, Approved, PO#" stamp.

(see Exhibit 18-19, 55, and 61 of Appendix A).

99. Respondent Smith's failure to produce the actual Loveland &Brosius, LLC invoices

issued to and paid by Violet Township, whose failure remains on-going, Relator believes Mr.

Smith has failed to competently execute his affirmative duties and obligations as Violet

Township Fiscal Officer.

100. On the Violet Township website and in its public records, Respondent Dunlap, Sr., is

listed as a Violet Township Trustees and holds himself out in public as such with the affirmative

duties and obligations of a trustee. Relator believes Dunlap, Sr. is responsible for the affirmative

duties and obligations of a trustee.

101. On the Violet Township website and in its public records, Respondent Myers, Jr., is listed

as a Violet Township Trustees and holds himself out in public as such with the affirmative duties

and obligations of a trustee. Relator believes Myers, Jr. is responsible for the affirmative duties

and obligations of a trustee.

102. On the Violet Township website and in its public records, Respondent Weltlich, is listed

as a Violet Township Trustees and holds himself out in public as such with the affirmative duties

and obligations of a trustee. Relator believes Weltlich, is responsible for the affirmative duties

and obligations of a trustee.

26

103. Respondents Dunlap, Sr., Myers, Jr., and Weltlich, being duly elected Trustees of Violet

Township, each having taken the oath office to act as a fiduciary of the township and to hold

Violet Township's property in trust - as required by the Ohio State Constitution, have chosen

instead to directly support the unlawful activities of Respondent Dunlap, Sr. and his personal

commercial business - Ohio Certified CCW - by looking the other way as they review and

approve (see Exhibit 31, Page 6) MORE THAN $68,000 in Loveland &Brosius, LLC invoices

for "Miscellaneous" or "Miscellaneous - Zoning" (see Exhibits 18 & 55 of Appendix A) which

appear to be exclusively related to Dunlap zoning matters. (see Exhibit 61 of Appendix A).

Relator believes Respondents Dunlap, Sr., Myers, Jr., and Weltlich have failed to execute their

duties and responsibilities as Violet Township Trustees.

104. On the Violet Township website and in its public records and documents, Respondent

Huskey, is listed as the Violet Township Fire Department Office Manager and holds herself out

to the public as such with the affirmative duties and obligations of the Violet Township Fire

Department Office Manager.

105. Ms. Huskey is the daughter of Respondent Dunlap, Sr. and has acted on his behalf or in

his interest previously.

106. Ms. Huskey is responsible for the affinnative duties and obligations of Officer Manager

and she has failed to execute and uphold her affrrmative duties and obligations by acting in

contravention of the Open Meetings Act, O.R.C. 121.22, et seq., Prohibition Against Destruction of

Damage of Records, O.R.C. 149.351, et seq., Only Necessary Records to be Made, O.R.C. 149.40,

et. seq., and the Public Records Act, O.R.C. 149.43, et seq.

107. The failure and refusal of Respondents to comply with their affirmative duties and

obligations under O.R.C. §3.22, et seq. violates their duty under Ohio law to execute their

27

affirmative duties and obligations entitling Relator to the issuance of a Writ of Mandamus to compel

Respondents to comply with the Ohio law and execute their affirmative duties and obligations.

108. Relator objects to the failure of the Violet Township Records Commission to produce

public notice in advance of the meeting so that Relator could attend if he desired. The actions or

inactions of the Violet Township Records Commission violate the Open Meetings Act, O.R.C.

121.22, et seq.

109. Relator objects to Violet Township's failure to produce the true and accurate copies of

the public records requested by the Relator, to the extent responsive documents were withheld

from Relator, to the extent that responsive records were redacted,without advising the Relator,

and to the extent the portions of responsive records were overly redacted in violation of the

Public Records Act, O.R.C. 149.43, entitling Relator to the issuance of a Writ of Mandamus to

compel Respondents to comply with the Ohio Public Records Act.

110. Relator objects to Violet Township's failure to produce the true and accurate copies of

the public records requested by the Relator, to the extent responsive documents were unavailable

duethe unlawful relocatiori from the Violet Township office, to the extent that responsive

records were unavailable due to the Respondent's unlawful removal, destroyed, mutilated,

transferred, or otherwise damaged or disposed of, in whole or in part entitling Relator to the

issuance of a Writ of Mandamus to compel Respondents to comply with the Prohibition Against

Destruction of Damage of Records, O.R.C. 149.351.

111. Relator objects to the Respondents of Violet Township failing to execute their affirmative

duties and obligations as set forth in the following: Only Necessary Records to be Made, O.R.C.

149.40, the Public Records Act, O.R.C. 149.43, O.R.C. 309.09, O.R.C. 503, etseq., O.R.C. 504, et

seq., O.R.C. 505, et seq., O.R.C. 507, et. seq., O.R.C. 519, et seq., O.R.C. 5705.41 and 5705.45,

28

Article XV, section 7, of the Constitution of Ohio, Article X, section 2, of the Constitution of Ohio,

and Violet Township Board of Trustees' Resolutions 2007-1003-01 (Records Retention &

Destruction Schedule), 2010-1215-08 (Resolution Employing Township's Attorneys for Particular

Matters For the Year 2011), 2011-1116-03 (Public Records Policy), 2011-1207-10 (Resolution

Employing Township's Attorneys for Particular Matters for the Year 2012), 2011-1207-13

(Agreement to Serve as Law Director), and Zoning Code for Violet Township, when construed in

pari materia, entitling Relator to the issuance of a Writ of Mandamus to compel Respondents to

comply with the Respondents' obligation to execute their affirmative duties and obligations.

WHEREFORE, Relator requests that this Court issue a peremptory writ of mandamus

directing the Respondents to make the requested records available for inspection and copying

without fiirther delay. In the alternative, Relator requests that this Court issue an alternative writ

requiring the Respondents to show cause why the peremptory writ requested about should not be

issued. Furthermore, Relator requests that this Court award it the costs of this action, including

reasonable attorneys' fees, and statutory damages, pursuant to O.R.C. 121.22(I) and 149.43(C).

WHEREFORE, Relator requests that, because this Court has held that O.R.C. § 121:22,

O.R.C. §149.43; and O.R.C. §507.04 (in the alternative, 504.08 and 504.09 and 505.031 and

505.032) are to be construed in pari material, this Court issue a peremptory writ of mandamus

directing the Respondents to prepare, file, and maintain full and accurate records of the

proceedings as well as the accounts and transactions of the board of township trustees, to conduct

all meetings in public except for properly called executive sessions. In the alternative, Relator

requests that this Court issue an alternative writ requiring the Respondents to show cause why

the peremptory writ requested above should not be issued. Furthermore, Relator requests that

'State ex rel. Citizens for Open, Responsive & Accountable Gov't (2007), 116 Ohio St.3d 88, 94,2007-Ohio-238.

29

this Court award it the costs of this action, including reasonable attorneys' fees, and a civil

forfeiture, pursuant to R.C. §121.22(n(2).

WHEREFORE, Relator requests that, because this Court has held that "[u]nder the

applicable rules of statutory construction, all statutes relating to the same general subject matter

must be read in pari materia"2and construing R.C. §121.22, R.C. §149.43, and R.C. §507.04 (in

the alternative O.R.C. 504.08, 504.09, 505.031, 505.032, 507.04, 507.07, and 5705.41 and

5705.45) among the other affirmative duties sections in pari materia to determine the

compliance of certain local officials with their statutory duties3, this Court issue a peremptory

writ of mandamus directing the Respondents to execute and uphold their affirmative duties. In

the alternative, Relator requests that this Court issue an alternative writ requiring the

Respondents to show cause why the peremptory writ requested above should not be issued.

Furthermore, Relator requests that this Court award it the costs of this action, including

reasonable attorneys' fees, and a civil forfeiture, pursuant to R.C. § 121.22(I)(2) after issuing its

injunction.

WHEREFORE, Relator requests that, because Violet Township has failed and/or been

unable to produce public records requested by Relator, in whole or in part entitling Relator to the

issuance of a Writ of Mandamus to compel Respondents to comply with the Prohibition Against

Destruction of Damage of Records, 149.351(B), and award Relator the maximum statutory damage

award plus reasonable attorneys fees and costs.

Finally, WHEREFORE, Relator requests that this Court award Relator any and all such

other and further relief, at law or in equity, to which Relator is or may be entitled.

ZState ex rel. Long v. Council of the Village of Cardington (2001), 92 Ohio St.3d 54, 57, 2001-Ohio-130.3State ex rel. The FairfieldLedger v. Ricketts et al. (1990), 56 Ohio St.3d 97, 102, 1989-Ohio-550.

30

Respectfully submitted,

4 4sley T.`FoMune (Sup. Cl-No. 0085397) (COUNSEL OF RECORD)erbert Strayer(Sup. Ct. No. 0075854)

Jessica A. Shields (Sup. Ct. No. 0086326)FORTUNE LAW LIMITED421 Hill Road NorthPickerington, Ohio 43147Office: (614) 452-4201Facsimile: (614) 569-0100E-Mail:[email protected]

[email protected]@wtflegal.com

Counselfor Relator, Scott Dunlap

31

APPENDIX A

32

AFFIDAVIT OFSCOTT DUNLAP

STATE OF OHIO

SS

COUNTY OF FAIRFIELD

I, Scott Dunlap, of sound mind, legal age, and competence, hereby attest to the following

facts involving the above captioned case for the purpose of making this affidavit, on this 28t"day

of June, 2012.

1. My residence is located at 7059 Basil Western Road, Canal Winchester, Ohio 43110

which is located in Fairfield County, Ohio within Violet Township.

2. Exhibit 1, attached hereto and made a part hereof, is a true and accurate copy of Violet

Township Board of Trustees' Resolution No. 2007-1003-01-ADOPT A RECORDS

RETENTION & DESTRUCTION SCHEDULE; motion for approval made by Mr.

Myers; seconded by Mr. Weltlich on October 3, 2007. (Yea: 3, Nay: 0, Abstentions: 0).

3. Exhibit 2, which is attached hereto and made a part hereof, is a true and accurate e-mail

version of letter my attorney hand delivered to Violet Township's office located at 12970

Rustic Drive Northwest, Pickerington, Ohio 43147 wherein Michael J. O'Reilly, Esq.

(hereafter "Mr. O'Reilly") requests on my behalf that the Violet Township Zoning

Inspector, Kelly Sarko, (hereafter "Ms. Sarko") provide "copies of any applications,

hearing records and other records, of or pertaining to any variances, conditional use

permits, changes in zoning districts, administrative waivers, complaints by neighbors

about uses made of property, and correspondence between your Department and Terry

Dunlap and/or Carole Dunlap regarding a shooting range business conducted by Terry

Dunlap on the Dunlap properties on and near Basil-Western Road. * * * I am hereby

inquiring for clients, under what provisions of the Township Zoning Code is the shooting

range use allowed, if it is in fact allowed? To the extent such a use is allowed, but only

with a conditional use permit, please advise whether such a permit has been obtained. To

the extent a prior non-conforming use is asserted as the basis for allowing the use, please

discuss what the Township's files contain to demonstrate the use predated zoning and has

been carried out continuously, and any other facts or analysis that are pertinent to the

conclusion the use is prior non-conforming."

4. Attached hereto and made a part hereof is Exhibit 3, which is a true and accurate copy of

the letter William L. Loveland, Esq. (hereafter "Mr. WLL") sent to Mr. O'Reillyon

behalf of Ms. Sarko in response to Exhibit 2. In relevant part the letter presents and

promises the following: "[a]s requested, Violet Township has examined the records of its

zoning department for the documents described in your letter with respect to property

owned by Terry and Carol Dunlap. To date only four documents containing references to

the specific property or uses of the property were found. Copies of those documents are

enclosed. *** If and to the extent that the letter asks for advice, direction, and legal

analysis and/or conclusions, all that I am able to report at this time is that the Violet

Township has begun an investigation and evaluation of the situation that has been

reported by your letter, and the prior complaint. Violet Township is addressing and will

address many of the questions asked, including the question of whether or activities in

violation of any provision of the Resolution are occurring at the subject property and the

question of whether or not lawful non-conforming use rights exist or apply, in the same

manner as all assertions of zoning violations are investigated in the Township."


Township Board of Trustees' Resolution No. 2010-1215-08 - RESOLUTION

EMPLOYING TOWNSHIP'S ATTORNEYS FOR PARTICULAR MATTERS FOR

THE YEAR 2011;motion for approval made by Mr. Myers; seconded by Mr. Dunlap on

December 15, 2010. (Yes: 3, No: 0, Abstentions: 0).

6. Exhibit 5, attached hereto and made a part hereof, is a true and accurate copy of the

public records request form Respondent Smith provided to me in response to an oral

public record request I made on February 3, 2012. Please note that there are no signs or

indicators that redactions have been made to Exhibit 5. As will be apparent when

comparing Exhibit 5 to Exhibit 6, Ms. Sarko filled out the "Name", "Intake Date/Time",

and the notes section on behalf of Kristi Huskey, Violet Township Fire Department

Office Manager and daughter of Respondent Terry Dunlap, Sr. (hereafter "Ms. Huskey").

Exhibit 5 represents a request by Ms. Huskey for the "Brosius & Fortune

Correspondence"which my attorney, Wesley T. Fortune, Esq. (hereafter "Mr. Fortune")

exchanged with Violet Township's attorney Mr. WLL which I was copied on. Please

note that the Original Complaint in Mandamus was e-mailed to Mr. WLL by Mr. Fortune

on November 15, 2011 at 5:36 p.m. (see Exhibit 34); however, the Complaint was not

actually filed with the 5th District Court of Appeals until November 18, 2011 at 10:20

a.m. (see Exhibit 35).


public records request form Rochelle Menningen, Violet Township Fiscal Assistant,

(hereafter "Ms. Menningen")provided to me in response to an oral and written public

records request I submitted on February 3, 2012.Approximately 5 minutes after

Respondent Smith provided me Exhibit 5, he left the Violet Township offices.

Approximately 5 minutes after Respondent Smith left the Violet Township offices,

Exhibit 6 was provided to me by Ms. Menningen. Ms. Menningen represented to me that

Mr. Smith and she had gotten into a disagreement about whether or not to redact the

information contained at the bottom of the form: "Copies Made By: Kelly Sarko 15 pgs

total", "Date Copies Ready: 11/15/11", and "Date Picked Up: 11/15/11". Ms. Menningen

further advised that Mr. Smith being her superior, she allowed him to make the final

decision; however, after I provided Ms. Menningen with my written public records

request for "all public record requests submitted to Violet Township between January 1,

2010 and February 6, 2012. Additionally, please provide the documents which were

produced in response to the public record requests identified above." (see Exhibit 18 -

Request #2).


Township Board of Trustees' Resolution No. 2011-1116-03 - ADOPT PUBLIC

RECORDS POLICY; motion for approval made by Mr. Myers; seconded by Mr.

Weltlich on November 16, 2011. (Yes: 3, No: 0, Abstentions: 0).


Township Board of Trustees' Resolution No. 2011-1207-10 - RESOLUTION

EMPLOYING TOWNSHIP'S ATTORNEYS FOR PARTICULAR MATTERS FOR

THE YEAR 2012; motion for approval made by Mr. Dunlap; seconded by Mr. Myers on

December 7, 2011. (Yes: 3, No: 0, Abstentions: 0).


Township Board of Trustees' Resolution No. 2011-1207-13 - ADOPT AGREEMENT

TO SERVE AS LAW DIRECTOR; motion for approval made by Mr. Dunlap; seconded

by Mr. Weltlich on December 7, 2011. (Yes: 3, No: 0, Abstentions: 0).


written public records request letter I hand delivered to the Violet Township offices on

February 6, 2012 wherein I requested copies of "all Loveland & Brosius, LLP invoices

issued to or paid by Violet Township Board of Trustees between January 1; 2010 and

February 6, 2012. Please include both the summary page and the detailed client-matter

descriptions for each responsive record." To date, Violet Township has failed to produce

any documents responsive to this request.

12. Exhibit 11, which is attached hereto and made a part hereof, is a true and accurate copy

of an e-mail Mr. Fortune sent to Mr. WLL, copying me, wherein he memorializes at least

three public record requests made on my behalf. Mr. Fortune "requested to see any

trustee/public meeting minutes supporting the request for and approval of the Dunlap N/C

use permit." (see Exhibit 25).Mr. Fortune also memorializes the following: "as discussed

in your November 10, 2010 letter to Michael J. O'Reilly [Exhibit 2], please provide [Mr.

Fortune] with the results, conclusions, and investigative findings addressed in the

aforementioned letter - the investigation and evaluation of the situation." To date, no

responsive recordshave been provided in direct response to the aforementioned requests.

However, in response to five public record requests I submittedbetween January 18, 2012

and January 23, 2012, Exhibit 17 does contain a few potentially responsive documents

13. Exhibit 12, attached hereto and made a part hereof, is a true and accurate copy of a

written public record request letter Mr. Fortune hand delivered, in my presence, to

Respondent Smith during the open portion of the January 18, 2012 Violet Township

Trustees' Regular meeting. Exhibit 12 (Request #1) requested copies of "any

documentation supporting non-conforming use and business operation located on Parcel

No. 0360028900 Fairfield County. (see Exhibit 17for Violet Township's response to

Relator's Exhibit 12 request)(see also Exhibit 27 for Parcel No. 0360028900 information,

Exhibit 44 for Reverse Phone Look-up search result establishing 7155 Basil Western

Road and Carolyn Dunlap as the address and owner associated with Ohio Certified

CCW's "Range Master's" landline telephone number (614) 837-5444, Exhibit 42 for

Ohio Certified CCW's Homepage, Exhibit 43 for Ohio Certified CCW's concealed carry

class advertisements for the months of January through March 2012, and Exhibit Nos. 38,

39, 40 and 48 for photos of a normal business day at Ohio Certified CCW's offices

[located on Parcel No. 0360029100 Fairfield County or 7155 Basil-Western Road

NW](see Exhibit 29), classroom facilities [located on Parcel No. 0360028900 Fairfield

County or 0 Basil-Western Road NW](see Exhibit 28), and firing/shooting range[located

on Parcel No. 0360029000 Fairfield County or 0 Basil-Western Road NW](see Exhibit

27). Ohio Certified CCW's offices, training facilities, and firing/shooting range are only

accessible by using the private drive zoned R-1, Single Family Residential. (see

ExhibitNos. 27-30 for Parcel descriptions, Exhibit 45 ¶3 for existing zoning in the area,

and Exhibit46 for Zoning Code of Violet Township). Although Violet Township's

response to Requests #1 - #5 contained more than 35 pages of records, the majority of the

records produced were either non-responsive or duplicative. (see Exhibit 17).




Trustees' Regular meeting. Exhibit 13 requested copies of "any documentation

supporting_non-conforming use and shooting range located on Parcel No. 0360029000

Fairfield County."Although Violet Township's response to Requests #1 - #5 contained

more than 35 pages of records, the majority of the records produced were either non-

responsive or duplicative.(see Exhibit 17).




Trustees' Regular meeting. Exhibit 14(Request #3) requested copies of "any page of any

Loveland & Brosius, LLC legal invoice issues [sic] to Violet Township containing the

name Scott Dunlap, S. Dunlap, Mr. S. Dunlap, Scott, Scott Dunlap's, and S Dunlap. To

date, Violet Township has failed to produce any responsive records to this request citing

"no time limitation" and "ambiguous and/or overly broad in that they are requesting

documents based on a name." (see Exhibit 17).




Trustees' Regular meeting. Exhibit 15 (Request #4) requested copies ofl`any

communications, electronic or hard-copy, containing the name Scott Dunlap, S. Dunlap,

Mr. S. Dunlap, Scott, Scott Dunlap's and S Dunlap. To date, Violet Township has failed

to produce any responsive records to this request citing "no time limitation" and

"ambiguous and/or overly broad in that they are requesting documents based on a name."

(see Exhibit 17).


written public record request letter Mr. Fortune hand delivered, in my presence, to the

Violet Township offices on January 23, 2012. Exhibit 16 (Request #5) requested copies

of "any documentation supporting non-conforming use and business operation on Parcel

Nos. 0360028900 and 0360029100 Fairfield County." Although Violet Township's

response to Requests #1 - #5 contained more than 35 pages of records, the majority of the

records produced were either non-responsive or duplicative. (see Exhibit 17).

18. Exhibit 17, attached hereto and made a part hereof, is a true and accurate copy of a hand

delivered February 1, 2012 response to Fortune & Associates PRR numbers 1-5 from

Violet Township. Exhibit 12 (Request #1) requested copies of "any documentation

supporting non-conforming use and business operation located on Parcel No.

0360028900 Fairfield County. Exhibit 13 (Request #2) requested copies of "any

documentation supporting non-conforming use and shooting range located on Parcel No.

0360029000 Fairfield County." Exhibit 14 (Request #3) requested copies of "any page of

any Loveland & Brosius, LLC legal invoice issues [sic] to Violet Township containing

the name Scott Dunlap, S. Dunlap, Mr. S. Dunlap, Scott, Scott Dunlap's, and S Dunlap.

Exhibit 15 (Request #4) requested copies of "any communications, electronic or hard-

copy, containing the name Scott Dunlap, S. Dunlap, Mr. S. Dunlap, Scott, Scott Dunlap's

and S Dunlap.Exhibit 16 (Request #5) requested copies of "any documentation

supporting non-conforming use and business operation on Parcel Nos. 0360028900 and

0360029100 Fairfield County."(see Exhibit 17).

19. Exhibit 18, attached hereto and made a part hereof, is a true and accurate copy of a hand

delivered February 22, 2012 response to Fortune & Associates PRR dated February 6,

2012 from Violet Township wherein I requested copies of "all Loveland & Brosius, LLP

invoices issued to or paid by Violet Township Board of Trustees between January 1,

2010 and February 6, 2012. Please include both the summary page and the detailed

client-matter descriptions for each responsive record."(see Exhibit 17).

20. Exhibit 19, attached hereto and made a part hereof, is a true and accurate scanned image

of a Violet Township mail receipt stampwhich was placed on the invoice upon the

township receiving the invoice by mail and the payment approved stamp for an invoice

that was approved by William "Bill" Yaple, Violet Township Director of Operations.

21. Exhibit 20, attached hereto and made a part hereof, is a true and accurate copy of a Violet

Township approved warrant issued for the January 11, 2012 Loveland & Brosiuslegal

invoice 17438.

22. Exhibit 21, attached hereto and made a part hereof, is a true and accurate copy of Mr.

WLL's e-mail dated February 21, 2012 to Mr. Fortune, regarding the current status of all

outstanding public record requests submitted by me or on my behalf.


follow-up e-mail Mr. Fortune sent to Mr. WLL, Peter Griggs, Esq. (hereafter "Mr.

PNG"), and Paul La Fayette, Esq. (hereafter "Mr. La Fayette") on February 21,

2012advising Mr. WLL and Mr. PNG of all the Township's commitments and clarifying

and/or providing a status update on all public records requests submitted by me or on my

behalf to include the following: November 18, 2010 (see Exhibit 2), November 24, 2010,

(see Exhibit 3), December 15, 2010 (see Exhibit 11), May 18, 2011 (see Exhibit 49),

October 17, 2011 (see Exhibit 51), December 14, 2011 (see Exhibit 11), January 18, 2012

(see Exhibit Nos. 12-15), January 23, 2012 (see Exhibit 16), February 2, 2012 (see

Exhibit 17), November 11, 2011 (see Exhibit Nos. 5-6) and February 13, 2012 (see

Exhibit 57).


Fortune's e-mail to Mr. WLL Loveland inquiring as to the status of all public record

requests submitted by me or on my behalf and requests, therein, that Mr. WLL provide

Mr. Fortune a status update before 3 p.m. on February 21, 2012.

25. Exhibit 24, attached hereto and made a part hereof, is a true and accurate copy of the e-

mail from Mr. Fortune to Mr. PNG attempting to clarify certain open legal questions

regarding my public record requests or those submitted on my behalf. Please note that ¶5

on page 2 of Exhibit 24, may be the two strongest indicators of Violet Township's

contempt for the Ohio Sunshine Laws. That is, the Loveland & Brosius, LLC invoices

produced by Violet Township in response to my public record requests were not invoices

issued to and paid by Violet Township. Instead, they appear to be trumped-up

concoctions or inaccurate reproductions of the Loveland & Brosius, LLC invoices

allegedly issued to and paid by Violet Township. (compare the September 10, 2010 and

July 8, 2011 Loveland & Brosius invoice headers of Exhibit 18 to the October 11, 2010

through May 3, 2011 Loveland & Brosius invoice headers of Exhibit 50; compare

further, the Loveland & Brosius invoices, headers, receipt stamp, and approval stamps

present on the October 11, 2010 through May 3, 2011 invoices of Exhibit 50).

Additionally, Mr. Fortune points out to Mr. PNG just what I have thought all

along; that is, Mr. PNG represents to Mr. Fortune in the last paragraph of page 1 of

Exhibit 17 that "[our] requests are ambiguous and/or overly broad in that they are

requesting documents based on a name and further they contain no time limitation. As a

result, we are unable to respond to Requests #3 and #4 because they are ambiguous

and/or overly broad."Please note, the total number of Loveland & Brosius, LLC invoices

we requested the township to review for potentially responsive records is 24. Mr. PNG

goes on to represent in the last sentence of the first paragraph on page 2 of Exhibit 18 that

"we have reviewed our legal invoices prior to January 1, 2010 [the oldest invoice in time

I requested Violet Township inspect for potentially responsive records]through February

14, 2007, [a period containing 35 invoices] and those invoices do not contain the terms

`Scott Dunlap, S. Dunlap, Mr. S. Dunlap, Scott, Scott Dunlap's and S Dunlap."' Violet

Township was easily able to traverse its entire universe ofpotentially responsive records,

identify exactly which records needed to be reviewed for potentially responsive records,

and determined - after reviewing 35 older records, not the 24 newer records I requested

to be reviewed -that the 35 older records Violet Township, sua sponte, decided to review

did not contain responsive records pursuant to my request. (compare Exhibit 17 with

Exhibit 18 and Mr. Fortune's analysis set forth in Exhibit 24).


Non-Conforming Use or Structure Record(hereafter "N/C Use Record") Violet Township

presented in response to my November 18, 2010 request. (see Exhibit 2). Please note,

Exhibit 25 is executed by "Terry Dunlap, Sr. et. al. on 10-27-94" and it is countersigned

by "William C. Yaple on 10-27-94." Respondent Dunlap, Sr. was elected to the Violet

Township Board of Trustees in 1993. (see Exhibit 58). The parcels that make-up the

approximate 84 acres - "APR 84 A." - Respondent Dunlap, Sr. sought and received non-

conforming use statusinclude Parcel No. 036002900 (54.13 acres; owned by Carole F.

Dunlap)(see Exhibit 27), Parcel No. 0360028900 (17.82) acres; owned by Terry Dunlap,

Sr.)(see Exhibit 28), Parcel No.0360029100 (0.82 acres; owned by Terry Dunlap, Sr.)(see

Exhibit 29), Parcel No. 036002880 (0.96 acres; owned by Terry Dunlap, Sr.)(see Exhibit

63), Parcel No. 0360028910 (0.77 acres; owned by Terry Dunlap, Sr.)(see Exhibit 64),

and Parcel No. 0360028700 (10 acres, owned by Scott Dunlap)(see Exhibit 30).

Respondent Dunlap, Sr. signed as "Owner/Tenant" of all 84 acres listed in the N/C Use

Record; yet, Respondent Dunlap, Sr. only owns 54.13 acres. Further, the N/C Use

Record does not support Home Occupations. Additionally, Respondent's record

represents the "Location Basil-Western Rd. Southside * * * owned by Dunlap. West of

Allen Rd. ls` Drive to the South." However, the first drive to the South is my drive, not

Respondent's R-1 zoned private drive that he uses to flow his business clients across the

multiple parcels discussed above until they reach the crushed asphalt parking area of

Ohio Certified CCW's firing range located on Parcel No. 0360029000 which is owned by

Carole F. Dunlap. (see Exhibit 47).Further, the records "Notes used as REC. since Mid

50S' Per owner." Please note, in response to my January 18, 2012 request, the Township

provided a copy of the trustees' meeting minutes from April 17, 1962, memorializing

Respondent Dunlap, Sr.'s operation of a fishing lake on his farm as a private non-

conforming use. (see Exhibit 17).However, on April 16, 1962, the farm in question

belonged to Lewis Dunlap, not Terry Dunlap, Sr.

Keeping the above in mind, it appears the representationsmade by Respondent

Dunlap, Sr. and contained in Exhibit 25, which Respondent Dunlap, Sr. executed,

suggest, while being an elected member of the Violet Township Board of Trustees, he did

in factact in a representative capacity, use the authority or influence of his office, and

solicited or exercised such influence over Mr. Yaple [all in violation of O.R.C. § 102.03]

in obtaining Respondent Yaple's countersignature on Exhibit 25. (see Exhibits25 and 58).

Given the fact I rode my dirt bike through the center of what is now the targetI have

drawn on Exhibit 59 [x with a circle around it], it's impossible these non-conforming

uses or structures existed in the 70's, let alone the mid-50's. It goes without saying, there

was no commercial firing/shooting range located anywhere on the parcels identified in

Exhibits 27-30. Yet, Ms. Sarko, pursuant her resolved and statutory duties, along with

the other Respondents, have continuously allowed me and my property to be especially

damaged [allowing Respondent Dunlap, Sr. to position himself in such a way that he can

offer me $26,000 for a ten acre parcel of land with an estimatedfair market value, with

access, exceeding $100, 000 being located approximately 200 yards from State Route 33,

suffering tens of thousands of dollars in property devaluation, having failed to enforce the

Zoning Code of Violet Township in the face of complaints, their representations they

would fully and completely investigate the matter, and the presence of Carole F.

Dunlap's continued expansion of the firing/shooting range. (see Exhibits2, 3, 26,46, and

59). Finally, the supporting evidence provided by Respondent Dunlap, Sr. for the N/C

Use Record accepted by Respondent Yaple was neither competent nor credible and there

is no record in the meeting minutes, discussions, or any commission holdings establishing

that the firing/shooting range is a lawful non-conforming use.

27. Exhibit 26, attached hereto and made a part hereof, is a true and accurate copy ofan

anonymous complaint letter that Mr. O'Reilly received (see Exhibit 3) as a responsive

record pursuant to my November 18, 2010 public record request (Exhibit 2) of Violet

Township. Exhibit 26 was written to Ms. Sarko and represents in part, "A few years ago,

you told me I was using my home for a business, which you said was not allowed in

Violet Township. I stopped the business. Now I find out one of your elected Trustees is

also running a business at 7155 Basil Western Road. He has a shooting range for police

officers and people paying to get a permit to carry a handgun. *** Before I go to a

Trustees meeting and ask, which I will do in the near future, I thought you could look

into this."


Fairfield County, Ohio - Property Record Card for Parcel: 0360029000 which was

produced from the Auditor's website on 12/21/2011 at 10:45 AM. Parcel 036002900

belongs to Carole F. Dunlap, is zoned R-1, is the location of Ohio Certified CCW's

firing/shooting rangeand a portion of the private drive used to obtain access to Ohio

Certified CCW's facilities, is located at 0 Basil-Western RD NW, and is allegedly

included in the N/C Use Record (see Exhibit 25) according to some Violet Township

zoning maps.




belongs to Terry Dunlap, Sr., is zoned R-1, is the location of Ohio Certified CCW's

instructional classrooms and a portion of the private drive used to obtain access to Ohio

Certified CCW's facilities, is located at 0 Basil-Western RD NW, and is allegedly

included in the N/C Use Record (see Exhibit 25) according to some Violet Township

zoning maps.




belongs to Terry Dunlap, Sr., is zoned R-1, is the location of Ohio Certified CCW's

primary business office, the reported location of the telephone number (614) 837-5444,

contains a portion of the private drive used to obtain access to Ohio Certified CCW's

facilities, is located at 7155 Basil-Western RD NW, is allegedly included in the N/C Use

Record (see Exhibit 25) according to some Violet Township zoning maps, and is the

personal residence of Violet Township Trustee Terry Dunlap, Sr.




belongs to me, is zoned R-1, is located at 7059 Basil-Western RD NW, contains my

personal residence, and approximately 10 acres (the smaller Western parcel portion) is

allegedly included in the N/C Use Record (see Exhibit 25) according to some Violet

Township zoning maps.

32. Exhibit 31, attached hereto and made a part hereof, is a true and accurate printout of a

photo I took of the Violet Township Board of Trustees September 7, 2011 Regular

Meeting minutes which I was allowed to inspect and photograph on February 15, 2012,

after my earlier written public record request to Respondent Smith was denied because "it

[my earlier written public record request] had to go to the back of the line before it could

be responded to." In relevant part, at Page 5, ¶7, Respondent Yaple "recommended that

Records Commission (which includes the Chairman and Fiscal Officer) meet before the

end of the year".


photo I took of the Violet Township Records Commission's November 3, 2011 Meeting

minutes which I was allowed to inspect and photograph on February 15, 2012, after my

earlier written public record request to Respondent Smith was denied because "it [my

earlier written public record request] had to go to the back of the line before it could be

responded to."I have been unable to locate any public announcement or publication of

this public meeting and have included Exhibit 65 as an exhaustive list, from the Violet

Township website, of the public meetings announced, noticed, and held by Violet

Township Boards and Commissions during the month of November 2011. In relevant

part, the meeting minutes represent the "need to create a Records Request Log that will

be at the front desk where anyone requesting records via email/phone call/letter that it is

logged in by date and time so we can track those when we get back to them. ***"Mr.

Yaple will set up a meeting so they [Yaple and Chief Eisel] can discuss ** destroying of

records. They [the Violet Township Fire Department] also need to create a log for

requests." The meeting minutes of the Violet Township Records Commission were

"Approved By: Terry J. Dunlap, Sr., Vice-Chairman Trustee, Christopher H. Smith,

Fiscal Officer, and William C. Yaple, Director of Operations" on "Date: 11/18/11." If

Respondents Dunlap, Sr., Smith, and Yaple are sufficient to establish a quorum of a three

member commission, it is, therefore, undeniable that the presence of any two of the three

Respondents together at a pre-arranged gathering, with a majority of members of a public

body (or commission) for the purpose of discussing public business would constitute a

public meeting and require such a meeting to be held pursuant to the Ohio Open

Meetings Act. (compare Exhibit 32 to Exhibit 50 generally).


photo I took of the Violet Township Board of Trustees November 16, 2011 Regular

Meeting minutes which I was allowed to inspect and photograph on February 15, 2012,

after my earlier written public record request to Respondent Smith was denied because "it

[my earlier written public record request] had to go to the back of the line before it could

be responded to." In relevant part, at Page 1, ¶5, "Mr. Dunlap moved to adopt the

minutes of the Records Commission meeting of 11-03-2011 [Exhibit 32]. Seconded by

Mr. Myers. Roll call vote: Mr. Dunlap, yes; Mr. Myers, abstained; Mr. Weltlich, yes.

The Records Commission minutes of 11-03-2011 are approved 2-0." Please note, the

Violet Township Records Commission's November 3, 2011 meeting minutes were not

approved by the Violet Township until "Date: 11/18/11". It would appear Respondents

Dunalp, Sr. and Weltlich approved Exhibit 33 before Exhibit 33 was approved by the

Violet Township Records Commission.

35. Exhibit 34, attached hereto and made a part hereof, is a true and accurate copy of an e-

mail Mr. Fortune copied me on and sent to Mr. WLLon November 15, 2011 at 5:36 p.m.

containing a PDF of the Original Action in Mandamus filed on November 18, 2011 at

10:20 A.M. in the Court of Appeals for Fairfield County, Ohio Fifth Appellate District in

Case No. 11 CA 60 (see Exhibit 35).


Original Action in Mandamusto include Appendix A (Appendices B-E have been

excluded) filed on November 18, 2011 at 10:20 A.M. in the Court of Appeals for

Fairfield County, Ohio Fifth Appellate Districtin Case No. 11 CA 60.


public records request form Mr. PNG included as responsive record with his February 22,

2012 letter (see Exhibit 18) and was in response to my oral and written public records

requests made on February 6, 2012to Ms. Menningen and Respondent Smith.Please note

Exhibit 36 was completed by Ms. Sarko and note me. Additionally, Ms. Sarko represents

that the "Records Requested: All Historical Zoning Maps & Current". Thereafter, Ms.

Sarko misrepresents that six zoning maps were produced; however, only five maps were

produced. Further, on February 28, 2012, Ms. Menningen advised Mr. Fortune by e-mail

(see Exhibit 66) that the "remainder of the 2.3.12 Public Records Request has been

completed and may be picked up at your convenience, during our hours of operation."

Only five copies of responsive maps were produced.

38. Exhibit 37, attached hereto and made a part hereof, is a true and accurate copy of an e-

mail provided to me by a confidential source. The original e-mail "Date: Fri, 13-Jan2012

14:56" with "Subject: Fwd: Dunlap" was "From: William Loveland

[email protected]" "To: Bill Yaple [email protected], Ricketts Richard

[email protected]". The forwarded e-mail "Sent: Tuesday, January 31, 2010 10:49

AM" "From: Bill Yaple" "To: Fiscal Assistant; Fiscal Assistant; Gary P. Weltlich; Harry

Myers; Joy Davis; Fiscal Officer" with "Subject: Fwd: Dunlap".

39. Exhibit 38, attached hereto and made a part hereof, is a true and accurate picture taken by

me on November 20, 2010 (see Exhibit 43), of the out-building used by Ohio Certified

CCW for its classroominstruction, the number of individuals present on the property, and

is located on Parcel No. 360028900.(see Exhibit 28).



CCW for its classroom instruction. This out-building is located on Parcel No. 360028900

with the address 7155 [Basil-Western Road NW] clearly visible in the photo. (see Exhibit

28).



CCW for its classroom instruction. This out-building is located on Parcel No.

360028900. (see Exhibit 28).

42. Exhibit 41, attached hereto and made a part hereof, are a true and accurate copies of AEP

invoices issued to and paid by Violet Township, the related warrants, the Violet

Township "Received Violet Township" stamp, and the "Ven#, App. A/C, Approved,

PO#" stamp with App. A/C account numbers and Approved Initials/Signature. (see

related Exhibit 19)(compare with Exhibit Nos. 18, 19, 20, 55, and 61).

43. Exhibit 42, attached hereto and made a part hereof, is a true and accurate copy of Ohio

Certified CCW's webpages. Please note the location, Canal Winchester, OH 43110,

telephone number, 614-837-5444, alternate phone number, 614-402-3550, the contact e-

mail address, [email protected], and the "Range Master" telephone number,

614-837-5444.(see Exhibit 17)(compare with Exhibit Nos. 28, 29, 43, 44, 47, and 48).

44. Exhibit 43, attached hereto and made a part hereof, are a true and accurate copies of Ohio

Certified Concealed Carry class advertisements listed on OhioCCWTraining.com for

classes held by Ohio Certified Concealed Carry for the months February 2011 through

February 2012 and for a variation Ohio Certified Concealed Carry for Civilians for

January 2010 through November 2010, and for Ohio Certified Concealed Carry's March

10, 2012. Please note, with regard to the period February 2011 through March 2012, the

fact that "[a]Il instructors are Police Officers and a Police Academy Law Director

instructs....", "Location: PROVIDED UPON REGISTRATION", "County:

Franklin/Fairfield (Central Ohio)", "Contact: [email protected]",

telephone number "614-837-5444 office / 402-3550 cell".Please note, with regard to the

period February 2010 through November 2010, the fact that "[a]ll instructors are Police

Officers and a Police Academy Law Director instructs.....", "Location:

Columbus/Central Ohio", "County: Franklin/Fairfield", and "Contact:

terrydunlapl @yahoo.com". Please note,with regard to the period January 2010, the fact

that "[a]Il instructors are Police Officers and a Police Academy Law Director

instructs.....", "Location: PROVIDED UPON REGISTRATION", "County:

Franklin/Fairfield(central, Oh)", and "Contact:[email protected] ".


reverse phone look-up for 614-837-5444 showing the related landline address to be 7155

Basil-Western Road and the owner of the number to be Respondent Dunlap, Sr.'s late

wife Carolyn.

46. Exhibit 45, attached hereto and made a part hereof, is a true and accurate copy of my

Application for Variance and Appeal to Violet Township filed by me with the Violet

Township Zoning Board of Appeals on or about August 19, 2010. Please not the R-1

existing zoning.

47. Exhibit 46, attached hereto and made a part hereof, is a true and accurate copy of relevant

portions of the Zoning Code for Violet Township, Adopted May 3, 1960, by resolution of

the Board to Trustees, with amendments through March, 2011.Of particular import are :

Section I: Purpose of the Zoning Code (Page 1), Section II: Districts Established (Pages

1-2), Section III: Districts Defined And Uses Specified (Pages 2-5), 3AA5 Home

Occupations (Pages 142-146), SECTION IV: Existing Nonconforming Uses (Pages 150-

153), SECTION V: Zoning Permits (Pages 153-154), SECTION VI: Zoning Inspector

(Page 154), SECTION VIII: Enforcement And Penalties (Pages 155-156), SECTION IX:

Amendments, Supplements, and Revisions (Pages 156-157), and SECTION X:

Interpretation and Jurisdiction (Pages 157-158).

48. Exhibit 47, attached hereto and made a part hereof, are true and accurate pictures taken

by me on November 20, 2010 (see Exhibit 43) and February 18, 2012, of the private

drive entrance used by all patrons of Ohio Certified CCW to access its facilities located

at7155 Basil-Western Road NW, which is clearly evident from the photo,and on Parcel

Nos. 0360029000, 0360028900, and 0360029100 (see Exhibit Nos. 27-29) along with the

temporary directional ground signs reading "Concealed Carry Training Class Information

614-837-5444", two photos of the length of the private drive, which is zoned R-1, and a

single photo of a "firing range parking" sign located on the North side of the private drive

at the turn heading from South to West, on Parcel No. 0360028900. At the end of the

private drive, which terminates at Ohio Certified CCW's firing/shooting, is a crushed

asphalt parking lot which is location on Parcel No. 0360029000.


picture taken by me from Basil-Western Road NW on November 20, 2010 (see Exhibit

43), of Respondent Dunlap, Sr.'s resident showing the volume of cars present for the

Ohio Certified CCW class.


May 18, 2011 public records request I submitted to Violet Township's Fiscal Assistant,

Ms. Menningen by certified mail, return receipt requested and received, requesting "any

and all invoices from Loveland & Brosius LLC from October 1, 2010 through May 17,

2011 and copies of the office appointment calendars of Bill Yaple and Kelly Sarko for

the same time period." Please see Exhibit 50 for Violet Township's response.


response and responsive records I was provided by Violet Township in response to my

May 18, 2011 public records request. Please note the presence of the "Received ....

Violet Township" and "Ven#, App. A/C, Approved, PO#" and approving initials or

signatures on these "SUMMARY" pages. Neither of these stamps is present on any of

the allegedly responsive records produced in Exhibit Nos. 18 and 55. However, on non-

redacted version of the July 8, 2011 Loveland & Brosius, LLC invoice, both Violet

Township stamps are present. (see Exhibit 61).


October 17, 2011, public records request I submitted to Violet Township's Fiscal

Assistant, Ms. Menningen by certified mail, return receipt requested and received,

requesting "copies of any and all agendas, meeting notes/minutes (both hand written and

those recorded via a word processing program), from all parties in attendance, and the

stated purpose of the meeting. I am also requesting a copy of the detailed invoice of this

meeting from Violet Township attorney: Loveland & Brosius LLC. If it is asserted that

any portion of the invoice contains privileged information, I request that the invoice be

produced with the allegedly privileged parts redacted, and with an explanation of the

nature of the redacted parts and of the grounds for the assertion of privilege." Please see

Exhibit 52 for Violet Township's response.


response I was provided by Violet Township in response to my October 17, 2011 public

records request.


Fortune's November 11, 2011 letter to Violet Township Fiscal Assistant, Ms.

Menningen, re-requesting my October 17, 2011 and May 18, 2011, public record

requests. Please see Exhibit 54 for Violet Township's response.


mail response and responsive records Mr. Fortune received, and provided to me, on

November 14, 2011, in response to his November 11, 2011 letter (Exhibit 52).Please note

the information "Redacted" from the December 6, 2011 Loveland & Brosius, LLC

invoice and compare it to Exhibits 18, 55, and 61.


letter and responsive records hand delivered on November 18, 2011 to Mr. Fortune for

me by Mr. WLL on behalf of Violet Township after the Original Action in Mandamus

complaint was filed in Case No. 2011 CA 60. (see Exhibit 35).


mails exchanged between Mr. Fortune and Mary Beth Lane where in Ms. Lane affirms

that the November 17, 2010 meeting held at Respondent Dunlap's personal residence or

the business office of Ohio Certified CCW "concernrned the shooting range, but refused to

say what, if anything, transpired. Please note Ms. Lane's article ran in the Columbus

Dispatch on January 2, 2012.

58. Exhibit 57, attached hereto and made a part hereof, are true and accurate copies of fifteen

public record requests I hand delivered to the Violet Township offices on February 13,

2012, regarding numerous records. To date, I have not received, nor has my attorney

received, any records responsive to these requests. Additionally, the township has not

provided an estimated time to produce any responsive records in regard to these requests.


Violet Township Board of Trustees "Meet your Trustees!" webpage wherein the

biography of Respondent Dunlap, Sr. representing that he was "Elected Trustee 1993".

60. Exhibit 59, attached hereto and made a part hereof, is a true and accurate copy of a photo

taken by me on November 20, 2010 (see Exhibit 43). I have placed an "X"with a circle

around it at the approximate location I use to pass through or across in the 70's as this

was my route to enter the woods on my dirt bike. During the 70's, none of the

firing/shooting range backstops, tables, targets, or benches were present of the land and

woods shown in this photo. Additionally, Lewis Dunlap the owner of the land and woods

shown in this picture until December 26, 1962 when Dunlap farm transferred to

Raymond, Dorothy, and Charles. However, Raymond & Carole do not receive their land

(2.886 acres & 53.53 acres) until May 3, 1971. On May 3, 1971, Charles & Myrtle

Dunlap, my parents, receive their land (55 acres& 10 acres), Dorothy receives her home

site (currently owned by Respondent Dunlap, Sr.), and the private drive was established.

61. Exhibit 60, attached hereto and made a part hereof, is a true and accurate copy of a letter

Mr. O'Reilly sent to Richard T. Ricketts, Esq. on February 18, 2011 regarding the

activities taking place on Terry & Carole's parcels to include a request "to discontinue

the shooting range and cease running that business from their properties, due to the noise

and high volume of traffic. *** The vehicles drive right next to their [Scott and Lori

Dunlap's] property and additionally park next to [or on] their [Scott and Lori Dunlap's]

property." Not only did Respondent Dunlap, Sr. and Carole F. Dunlap not cease any of

these activities, they have actually expanded the business operation of Ohio Certified

CCW to encompass a greater area and use of the Parcel Nos. represented in 27-29 and

63-64.

62. Exhibit 61, attached hereto and made a part hereof, is a true and accurate copy of the non-

redacted Loveland & Brosius, LLC invoice for July 8, 2011 which covers matters billed

between June 2, 2011 and June 30, 2011 and was provided to me by a confidential source

in response to an oral public records request submitted in by me 2011. Please note the

specific contents of "Client-Matter #: 0567-0014; Matter Name: Zoning-Miscellaneous"

and the presence of the "Received ... Violet Township" stamp and "Ven. #, App. A/C,

Approved, PO#" stamp with account and approval initials. Mr. WLL spends 7.40 hrs at a

cost of $1,443.00 to "Review correspondence from K. Sarko re Scott Dunlap's

THREAT to re-zone his to M-3 district"; "Discuss Dunlap situation with B.

Yaple.";"Review file documents and begin review of letter re rejection of Dunlap

request for reconsideration."; "Several telephone conferences with K. Sarko re S.

Dunlap request for reconsideration of BZA dismissal decision."; "Prepare letter to

S. Dunlap and M. O'Reilly. Participate in additional e-mail exchange with B.

Yaple."; "Email correspondence to K. Sarko, B. Yaple and D. Cole."; "Exchange

email correspondence with K. Sarko re aspects of Dunlap situation and requests.

Confirm BZA assignment."; and "Telephone conference with K. Sarko for

discussion of issue of publication relative to S Dunlap's BZA reconsideration

request. Advise regarding issue." [emphasis added]. If my calculations are correct,

between December 1, 2009 and December 31, 2011, Loveland & Brosius, LLC has

invoiced Violet Township Board of Trustees for 359 hours of work classified as either

"Client-Matter #: 0567-0001, Matter Name: Miscellaneous" or "Client-Matter #: 0567-

0014, Matter-Name: Zoning Miscellaneous" and the Violet Township Board of Trustees,

to include Respondent Dunlap, Sr. - never abstaining from a single vote to pay the bills

of the township and always voting "Yes" to pay the bills of Violet Township - approved

payments for this work in the amount of $68,395.25.[emphasis added]. Finally, the

Loveland & Brosius LLC July 8, 2011 invoice only seems to contain one vague reference

to a matter other than one regarding me or my property. That is, 6/13/2011, Mr. WLL

"Review and discuss several open general enforcement cases." Clearly, the "Zoning-

Miscellaneous" matter name is just Loveland & Brosius' way of protecting Violet

Township's attempt to allow township officials the opportunity to pay the legal bills of an

elected official regarding a private litigation matter involving Carole F. Dunlap,

Respondent Dunlap, Sr., Ohio Certified CCW, and those Violet Township officials who

refuse to properly execute their resolved and/or legislatively mandated duties by

enforcing the Ohio Revised Code and Zoning Code of Violet Township against an

elected official.

63. Exhibit 62, attached hereto and made a part hereof, is a true and accurate copy to the e-

mail response Mr. Fortune received from Mr. PNG on February 27, 2012 in response to

Mr. Fortune's clarifying e-mail of February 21 and February 24, 2012. Mr. PNG did

provide a PDF copy of the Thorne Meeting Minutes from January 19, 1976.



produced from the Auditor's website on 2/27/2012 at 10:59PM. Parce10360028800

belongs to Respondent Dunlap, Sr., is zoned R-l, contains the old Dunlap farmhouse and

0.96 acres, is located at 7157 Basil-Western RD NW, and is allegedly included in the N/C

Use Record (see Exhibit 25) according to some Violet Township zoning maps.



produced from the Auditor's website on 2/27/2012 at 11:00 PM. Parce10360028910

belongs to Respondent Dunlap, Sr., is zoned R-1, contains a rental property of

Respondent Dunlap, Sr. along with 0.77 acres, is located at 7159Basi1-Western RD NW,

and is allegedly included in the N/C Use Record (see Exhibit 25) according to some

Violet Township zoning maps.


Violet Township website "Community Calendar & Events" for November 2011. The

November 3, 2011 public meeting of the Violet Township Records Commission (see

Exhibit 32) whose meeting minutes were approved by the Records Commission on

November 18, 2011 (see Exhibit 32) and adopted by the Violet Township Board of

Trustees on November 16, 2011 during its regular meeting. (see Exhibit 33).


mail Mr. Fortune received from Ms. Menningen on February 28, 2012 advising that the

remainder of the February 3, 2012 public records requests had been completed and the

responsive records (maps) could be pick-up at the Violet Township office during our

hours of operation. The bundle Mr. Fortune picked-up and delivered to me unopened

contained the black and white copies of the five zoning maps Mr. Fortune and I inspected

and photographed on February 3, 2012. The representations contained in Ms.

Menningen's e-mail and the five responsive maps produced to "complete" the "2.3.12

Public Records Request" affirms that the representations made by Ms. Sarko in the public

records request form she allegedly completed on my behalf on February 3, 2012 is a

misrepresentation. Ms. Sarko represents that she provided six responsive maps, not five

as was produced. (see Exhibit 36).

68. On the Violet Township website (see Exhibit 68) and in its public records and

documents, Respondent, Kelly Sarko, is listed as the Violet Township Zoning Inspector

and holds herself out to the public as such with the affirmative duties and obligations of

the zoning inspector. I believe Ms. Sarko is responsible for the affirmative duties and

obligations of zoning inspector.


Violet Township Zoning webpage. This exhibit memorializes the affirmative legal duties

of the Violet Township Zoning Department and the Zoning Officer, Kelly Sarko. "The

[Zoning] Department ensures that property is in compliance with zoning and nuisance

requirements which assures that health and safety of the public, and improves the

appearance and quality of living conditions in neighborhoods to help maximize property

values."

r

"The Zoning Inspector is appointed by the Board of Trustees for the purpose of

enforcing the provisions of the Zoning Resolution. If you plan to build or remodel

anything on your property, from a house to a fence in the backyard, you will need to first

obtain a Zoning Permit at the Zoning Office. Your plans and application will be

reviewed to ensure they meet all applicable zoning requirements before a permit is

issued. The Zoning Department also investigates complaints of possible zoning

violations, ranging from construction without a valid zoning permit to the location of

junk motor vehicles on property."

70. Pursuant to the Zoning Code of Violet Township which was adopted by resolution by the

Violet Township Board of Trustees, "[t]he [Zoning] Inspector SHALL administer and

enforce this code as an officer of the Zoning Commission and the Board of Trustees.

[S]he WILL receive applications for and issue zoning permits, collect fees, and maintain

records as required by the Trustees and otherwise as required by law." (emphasis

added)(see Exhibit 46, Page 154).

"SECTION VIII: ENFORCEMENT AND PENALTIES 8C Any person, firm,

corporation, association, partnership or other organization who violates any regulation,

provision, amendment or supplement of this Coning Code SHALL BE FINEDnot more

than five hundred dollars ($500.00) for each offense. Each day's continuation of a

violation may be deemed a separate offense."(emphasis added)(see Exhibit 46, Page

155).

71. Based upon the evidence contained in this of affidavit regarding zoning complaints (see

Exhibit 2, 3, 26, and 60) with regard to Respondent Dunlap, Sr. and Carole F. Dunlap's

properties (see Exhibits 27-30, 63-64), the open and obvious unlawful Home Occupation

and commercial business of Ohio Certified CCW (see Exhibits 38-40, 42-44, and 59) -

not conducted entirely within the dwelling, more than five students present at one time,

creating unusually heavy traffic, equipment or process creates offensive noise, parking

demand beyond what is reasonable for residential area, signs advertising home

occupation on the property, in right-of-ways, on adjoining properties, and free-standing,

no conditional use permit (see Exhibits 38-40, 42-44, 47- 48,and 59) and violations of the

zoning code allegedly exempted by way of an unsupportable and inadequate

representation being a non-conforming use record (see Exhibit 25), coupled with the lack

of evidence supporting Ms. Sarko's affirmative duty to investigate, record findings, make

a determination, and recommendations to take or not take enforcement action regarding

the Violet Township Zoning Code, I believe Ms. Sarko has failed to competently execute

her affirmative duties and obligations to enforce the zoning code as zoning inspector.


Mr. William "Bill" Yaple, is listed as the Violet Township Director of Operations and

holds himself out to the public as such with the affirmative duties and obligations of the

township director. I believe Mr. Yaple is responsible for the affirmative duties and

obligations of director of operations.On 10/27/94, while acting as Violet Township

Zoning Inspector, Respondent Yaple, at the behest of Respondent Dunlap, Sr., executed a

non-conforming use record accepting the misrepresentations contained therein as fact.

(see Exhibit 25 and ¶26 above). Further, Respondent Yaple, like Zoning Inspector Sarko,

has visited Respondent Dunlap, Sr. and Carole F. Dunlap's property, observed the

unlawful Home Occupation and operation of the Ohio Certified CCW firing/shooting

range, and continuesresist taking action to investigate, document, or make an

enforcement determination with regard to Respondent Dunlap, Sr. and Carole F.

Dunlap's unlawful activities. I believe Mr. Yaple has failed to execute and uphold his

affirmative duties and obligations as Violet Township Director of Operations.

73. On the Violet Township website and in its public documents and records, Respondent,

Chris Smith, is listed as Violet Township Fiscal Officer and direct supervisor of

Respondent, Rochelle Menningen -Violet Township Fiscal Assistant, and holds himself

out in to the public as such with the affirmative duties and obligations of the fiscal

officer. I believe the Fiscal Officer is the responsible party for responding to public

record requests made of VioletTownship and an affirmative duty of the fiscal officer.


Violet Township Budget and Finances Fiscal Office webpage. This exhibit memorializes

the affirmative legal duties of the Violet Township Fiscal Officer Chris Smith. The

"Fiscal Officer must keep an accurate record of all township accounts and transactions. It

is the responsibility of the fiscal office to comply strictly with the legal requirements set

for the fiscal officer's duties, to establish and practice rules for efficient management of

the fiscal office, and to follow good accounting practices in maintaining records and

accounts."

"The Ohio Revised Code states several required duties of the Fiscal Officer

including, but not limited to: 1) keeping accurate record of the proceedings of the board

of township trustee meetings; 2) keeping accurate records of all the accounts and

transactions of eh township trustees; 3) issuing all checks; and 4) preparing or processing

payroll."

"The Fiscal Officer shall keep an accurate account of the board's proceedings at

all meetings, and an exact record of all its accounts and transactions. *** The Violet

Township Fiscal Officer [is] responsible for ensuring that all legal and regular records in

the Township are kept in accordance with the provisions set forth in Section 507.01 of the

Ohio Revised Code as well as directives issued by the State Auditor's Office."

"Other responsibilities of the Fiscal Officer/Clerk includes maintaining all records

of the action of the Board of Trustees, their proceedings, budgeting, accounting, payroll

and making sure that payroll records are kept up to date, as well as follow through with

various department records to see that they are up to date when the Auditors request

them."

"The Fiscal Officer/Clerk is also in charge of the monies that are received for the

Township as well as for all the money that is spent by the Township. *** The Fiscal

Officer is also responsible for keeping of minutes of all meetings of the Trustees."

75. Based upon the evidence contained in this affidavit, regarding compliance with

Respondent Smith's affirmative legal duties and obligations under the Ohio Public

Records Act (see Exhibit 67) to develop, organize, maintain, and produce for inspection

or copying, during normal business hours or within a reasonable amount of time, the

public records of Violet Township. On May 18, 2011, I submitted a public records

request by certified mail to Violet Township requesting the detailed legal invoices from

Loveland & Brosius LCC (see Exhibit 49), on May 19, 2011, and produced part, but not

all of the public records I requested. (see Exhibit 50). On October 17, 2011, I filed a

second public records request by certified mail with Violet Township requesting

information about a meeting that had taken place at Respondent Dunlap, Sr.'s home

regarding (see Exhibit 50 [November 2010 calendar of Kelly Sarko]) the zoning

complaints filed with Violet Township (see Exhibits 2 & 26) about Respondent Dunlap,

Sr.'s personal commercial business - a firing/shooting range (see Exhibit 56). In an

attempt to cover-up and/or conceal the actual nature of the legal services being rendered

by Violet Township's legal advisor, William L. Loveland, for the personal benefit of

Respondent Dunlap, Sr.'s personal commercial business, the original stamped and

approved detailed invoices issued to, approved by, and paid for through the Violet

Township Fiscal Office were never produced. (see Exhibit 52). In place of the actual

invoices (public records) requested, the Township directed its legal counsel to produce

look-a-like invoices in an attempt to conceal from and deceive the public about how its

tax dollars are being spent. (compare Exhibit 51 with Exhibit 61). The allegedly

responsive invoices do not contain the "Violet Township Receipt" stamp or "Ven.#,

App. A/C, Approved, PO#" stamp. (see Exhibit 18-19, 55, and 61).

76. Based on the evidence contained in this affidavit, Respondent Smith's failure to produce

the actual Loveland & Brosius, LLC invoices issued to and paid by Violet Township,

whose failure remains on-going, I believe Mr. Smithhas failed to competently execute his

affirmative duties and obligations as Violet Township Fiscal Officer.

77. On the Violet Township website and in its public records, Respondent, Terry Dunlap, Sr.,

is listed as a Violet Township Trustees and holds himself out in public as such with the

affirmative duties and obligations of a trustee. I believe Terry Dunlap, Sr.is responsible

for the affirmative duties and obligations of a trustee.

78. On the Violet Township website and in its public records, Respondent, Harry Myers, Jr.,

is listed as a Violet Township Trustees and holds himself out in public as such with the

affinnative duties and obligations of a trustee. I believe Harry Myers, Jr. is responsible

for the affirmative duties and obligations of a trustee.

79. On the Violet Township website and in its public records, Respondent, Gary Weltlich, is

listed as a Violet Township Trustees and holds himself out in public as such with the

affirmative duties and obligations of a trustee. I believe Gary Weltlich, is responsible for

the affirmative duties and obligations of a trustee.

80. Respondents Dunlap, Sr., Myers, Jr., and Weltlich, being duly elected Trustees of Violet

Township, each having taken the oath officeto act as a fiduciary of the township and to

hold Violet Township's property in trust - as required by the Ohio State Constitution,

have chosen instead to directly support the unlawful activities of Respondent Dunlap, Sr.

and his personal commercial business - Ohio Certified CCW - by looking the other way

as they review and approve (see Exhibit 31, Page 6) MORE THAN $68,000 in

Loveland & Brosius, LLC invoices for "Miscellaneous" or "Miscellaneous -

Zoning" (see Exhibits 18&55) which appear to be exclusively related to Dunlap zoning

matters. (see Exhibit 61). Why "Miscellaneous" or "Zoning - Miscellaneous" if you

want an informed citizenry? It would appear the Violet Township Trustees do not want

the citizens of Violet Township to know just what they are up to. I believe Respondents

Dunlap, Sr., Myers, Jr., and Weltlich, given their affirmative duties and obligations as

duly elected trustees, their personal knowledge of the events described herein, Myers, Jr.

and Weltlich's decision to LOOK THE OTHERWAY choosing instead NOT

TOTAKE ACTION AGAINST ONE OF THEIR OWN; I believe Respondents

Dunlap, Sr., Myers, Jr., and Weltlich have failed to execute their duties and

responsibilities as Violet Township Trustees.


Kristi Huskey, is listed as the Violet Township Fire Department Office Manager and

holds herself out to the public as such with the affirmative duties and obligations of the

zoning inspector. Ms. Huskey is also the daughter of Respondent Dunlap, Sr. and has

acted on his behalf or in his interest previously. I believe Ms. Huskey is responsible for

the affirmative duties and obligations of officer manager. Further, based upon the

evidence contained in this affidavit, I believe Ms. Huskey has failed to execute and

uphold her affirmative duties and obligations as office manager. (see Exhibit 5-6).

82. I have personal knowledge of the facts set forth in this affidavit and the exhibits hereto

attached.

FURTHER AFFIANT SAYETH NOT.

Subscribed and sworn to this 28ih day of June, 2012.

Scott Dunlap

om

WESLEY T. FORTUNE

tdT i'S."=f3h85 Y AT LAW

s ---.--.^d Notary uublic

State of Ohio

My Commission nas no ®xpiratlon date

CERTIFICATE OF SERVICE

o?1aDf2,I hereby certify that onUlune , 2012, I caused a true copy of the foregoing to be served

by ordinary U.S. and Facsimile to Paul-Michael La Fayette, 300 East Broad Street, Suite 350,

Columbus, Ohio 43215-5430, Richard Rickettes Co., LPA, 560 Hill Road South, Pickerington,

OH 43147, William Loveland, 50 West Broad Street, Columbus, OH 43215.

essica A. Shields (0086326)

le - supreme court of ohio1. this is an original action for a writ of mandamus, as well as for...

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