FOI Advisory Council opinion AO-01-25


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“There appears to be no provision in FOIA that this office is aware of that would seem to preclude the utilization of a declaratory judgment action in the adjudication of a FOIA dispute. While the case law from Virginia courts as previously examined appears to present differing results, the final conclusion appears to be that declaratory judgment is available under appropriate circumstances, but otherwise the petition for mandamus or injunction would be the sole remedy available under FOIA.”

AO-01-25