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
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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
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.
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
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.
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.
22. Additional legal counsel Loveland exceeded the scope of his authority under O.R.C.
309.09 when he acted in the capacity as Township Administrator.
23. Additional legal counsel Loveland exceeded the scope of his authority under O.R.C.
309.09 when he acted in the capacity as Fiscal Officer.
24. Additional legal counsel Loveland exceeded the scope of his authority under O.R.C.
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.
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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.
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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."
5. Exhibit 4, attached hereto and made a part hereof, is a true and accurate copy of Violet
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).
7. Exhibit 6, attached hereto and made a part hereof, is a true and accurate copy of the
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).
8. Exhibit 7, attached hereto and made a part hereof, is a true and accurate copy of Violet
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).
9. Exhibit 8, attached hereto and made a part hereof, is a true and accurate copy of Violet
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).
10. Exhibit 9, attached hereto and made a part hereof, is a true and accurate copy of Violet
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).
11. Exhibit 10, attached hereto and made a part hereof, is a true and accurate copy of the
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).
14. Exhibit 13, 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 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).
15. Exhibit 14, 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 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).
16. Exhibit 15, 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 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).
17. Exhibit 16, 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 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.
23. Exhibit 22, attached hereto and made a part hereof, is a true and accurate copy of the
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).
24. Exhibit 23, attached hereto and made a part hereof, is a true and accurate copy of Mr.
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).
26. Exhibit 25, attached hereto and made a part hereof, is a true and accurate copy of the
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."
28. Exhibit 27, attached hereto and made a part hereof, is a true and accurate copy of the
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.
29. Exhibit 28, attached hereto and made a part hereof, is a true and accurate copy of the
Fairfield County, Ohio - Property Record Card for Parcel: 0360028900 which was
produced from the Auditor's website on 12/21/2011 at 11:10 AM. Parcel 0360028900
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.
30. Exhibit 29, attached hereto and made a part hereof, is a true and accurate copy of the
Fairfield County, Ohio - Property Record Card for Parcel: 0360029100 which was
produced from the Auditor's website on 2/26/2012 at 11:00 AM. Parcel 0360029100
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.
31. Exhibit 30, attached hereto and made a part hereof, is a true and accurate copy of the
Fairfield County, Ohio - Property Record Card for Parcel: 0360028700 which was
produced from the Auditor's website on 12/2/2011 at 11:13 AM. Parcel 0360028700
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".
33. Exhibit 32, attached hereto and made a part hereof, is a true and accurate printout of a
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).
34. Exhibit 33, 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 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).
36. Exhibit 35, attached hereto and made a part hereof, is a true and accurate copy of the
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.
37. Exhibit 36, attached hereto and made a part hereof, is a true and accurate copy of the
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).
40. Exhibit 39, 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 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).
41. Exhibit 40, 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 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] ".
45. Exhibit 44, attached hereto and made a part hereof, is a true and accurate copy of the
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.
49. Exhibit 48, attached hereto and made a part hereof, is a true and accurate copy of a
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.
50. Exhibit 49, attached hereto and made a part hereof, is a true and accurate copy of my
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.
51. Exhibit 50, attached hereto and made a part hereof, is a true and accurate copy of the
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).
52. Exhibit 51, attached hereto and made a part hereof, is a true and accurate copy of my
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.
53. Exhibit 52, attached hereto and made a part hereof, is a true and accurate copy of the
response I was provided by Violet Township in response to my October 17, 2011 public
records request.
54. Exhibit 53, attached hereto and made a part hereof, is a true and accurate copy of Mr.
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.
55. Exhibit 54, attached hereto and made a part hereof, is a true and accurate copy of the e-
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.
56. Exhibit 55, attached hereto and made a part hereof, is a true and accurate copy of the
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).
57. Exhibit 56, attached hereto and made a part hereof, is a true and accurate copy of the e-
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.
59. Exhibit 58, attached hereto and made a part hereof, is a true and accurate copy of the
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.
64. Exhibit 63, attached hereto and made a part hereof, is a true and accurate copy of the
Fairfield County, Ohio - Property Record Card for Parcel: 0360028800 which was
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.
65. Exhibit 64, attached hereto and made a part hereof, is a true and accurate copy of the
Fairfield County, Ohio - Property Record Card for Parcel: 0360028910 which was
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.
66. Exhibit 65, attached hereto and made a part hereof, is a true and accurate copy of the
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).
67. Exhibit 66, attached hereto and made a part hereof, is a true and accurate copy of the e-
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.
69. Exhibit 68, attached hereto and made a part hereof, is a true and accurate copy of the
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.
72. 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 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.
74. Exhibit 67, 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 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.
81. On the Violet Township website and in its public records and documents, Respondent,
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)