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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOrange County slapped with another public records defeat in court, this time over a dog
APPEALS COURT RIPS COUNTY IN PUBLIC RECORDS CASE
In a case that started with a woman seeking public records about an investigation of her dog by animal-control officials, an appeals court Friday blasted Orange County in a dispute about payment of attorneys' fees. The 5th District Court of Appeal had already ruled once in favor of Susan Hewlings, who successfully filed a public-records lawsuit against Orange County and then sought to have the county pay legal fees.
In Friday's ruling, a three-judge panel of the court described another appeal by the county on fee issues as "frivolous" and lashed out at the county's arguments. The underlying case dealt with Hewlings' requests for copies of records related to the animal-control investigation. The county said Hewlings could inspect the records and designate documents to be copied. But Hewlings wanted copies of all the records and filed the lawsuit after Orange County officials did not comply with her request.
The 5th District Court of Appeal in 2012 said Hewlings was entitled to attorneys' fees and again sided with her Friday in a dispute that, at least in part, involved appellate fees. " Hewlings) made a simple request for the records related to the investigation of her dog,'' said Friday's nine-page ruling, written by Chief Judge Vincent Torpy and joined by judges Thomas Sawaya and Jay Cohen. "She asked for copies of the records and expressed a willingness to pay the costs. Instead of complying with this simple request, Appellant (the county) chose to interpose the additional bureaucratic hurdles of forcing her to come to its offices, comb through the records, mark the records in a certain manner, wait for a written estimate of costs, then, after paying the costs, wait again for the records to be mailed to her. This was a violation of the law.
Some good news from the court system. If it wasn't for people like Hewlings, public records would never be available.
Baitball Blogger
(46,711 posts)Would love to see a copy of her legal complaint.
musiclawyer
(2,335 posts)Orange County. Public records laws are as different as each state. There rarely exists an apples to apples comparison in this area of the law.