COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74333
STATE OF OHIO, EX REL.             :
JAN WEBB, ET AL.                   :     JOURNAL ENTRY
                                   :
   Relators                        :           AND
                                   :
     -vs-                          :         OPINION
                                   :
CITY OF HIGHLAND HEIGHTS,          :
OHIO, ET AL.                       :     MOTION NO. 97003
                                   :
   Respondents                     :
Date of Journalization:            OCTOBER 8, 1998
Character of Proceeding:           WRIT OF MANDAMUS
Judgment:                          Writ denied.  Respondents'
                                   motion for summary judgment
                                   granted.
Appearances:
For Relators:                      For Respondents:
JAMES L. MAJOR, ESQ.               TIMOTHY G. PALUF, ESQ.
Major & Associates                 Leader Building, Suite 410
408 West St. Clair Ave.            East Sixth St. & Superior Ave.
Cleveland, Ohio 44113              Cleveland, Ohio 44114-1979
                               -2-
JAMES M. PORTER, P.J.:
     Relators, Jan Webb and John Webb, have filed a complaint for
a writ of  mandamus in order to  compel the disclosure of  public
records under R.C. 149.43.  The relators seek to obtain from  the
respondents, the City of Highland Heights and the City of Highland
Heights Police Department,  copies of all  complaints as made  to
respondent City of Highland Heights Police Department, by  Edward
Polster and Marilyn Polster, against the relators.  The respondents
have filed a joint  motion for summary judgment which this  Court
grants for the following reasons.
     The relators, through their complaint for a writ of mandamus,
allege that a request for the production of copies of the requested
public records was forwarded to respondent City of Highland Heights
Police Department on September 15, 1997.  A review of Exhibit  A,
as attached  to the relators' complaint  for a writ of  mandamus,
demonstrates that the request for the inspection and production of
copies of public records was made by ordinary mail through a letter
forwarded to an unnamed individual employed by respondent City of
Highland Heights Police  Department.   The respondents,  however,
possess no legal duty to respond to a request for the production of
public records as  made by mail.   State ex  rel. Fenley v.  Ohio
Historical Society (1992), 64 Ohio St.3d 509; State ex rel. Nelson
v. Jones  (1993), 67 Ohio  St.3d 438; State  ex rel. Finnerty  v.
Custodian of Records, Strongsville  Police Dept. (1994), 96  Ohio
App.3d 569;  State ex  rel.  Larkins v.  Kovacic (May  5,  1993),
Cuyahoga App. No. 64780, unreported.  Thus, as a matter of law, the
                               -3-
relators have failed  to state a claim  upon which relief can  be
granted.  See  State ex rel. Peeples  (1995), 73 Ohio St.3d  559;
State ex  rel. Edwards v.  Toledo City School  Dist. Bd. of  Edn.
(1995), 72 Ohio St.3d 106.
     In addition,  a review of the  affidavit as attached to  the
respondents'  motion for  summary  judgment  indicates  that  the
requested records,  to  the extent  that  they exist,  have  been
supplied to  the relators.    The relators,  in response  to  the
respondents motion for summary  judgment, have not provided  this
Court with any evidentiary  material which demonstrates that  the
respondents have  failed  or refused  to  produce copies  of  all
documents that exist.  State ex rel. Mayrides v. City of Whitehall
(1991), 62 Ohio St.3d 203; State ex rel. Fant v. Sykes (1987), 29
Ohio St.3d 18.  R.C. 149.43 does not require that the respondents
create documents which  do not exist.   State ex rel. Scanlon  v.
Deters(1989), 45 Ohio St.3d 376.  The relators' request for a writ
of mandamus is thus moot.  State ex rel. Fant v. Flaherty (1992),
62 Ohio St.3d 426.
     Accordingly,  we grant  the  respondents' joint  motion  for
summary judgment.  Relators to bear costs.
     Writ denied.
O'DONNELL, J., and
MICHAEL J. CORRIGAN, J., CONCUR.
.