$93,000 awarded in FOIA fees

Unrepentant Culpeper supervisors pay for FOIA lawsuit

January 29, 2007

The board of supervisors agreed to pay $93,000 in legal fees from the case they lost in the state's highest court last September.
The Virginia State Supreme Court unanimously ruled that the board violated the Freedom of Information Act by meeting behind closed doors to discuss alternatives to a 1,500-student high school.
But the members present still disagreed with the decision. A motion to pay the bills was met with silence, with no supervisor willing to speak.
"I really don't want to make this motion, because I don't think we were wrong," Supervisor Sue Hansohn (Catalpa District). But I'm going to make this motion to pay the bill, because I don't think we have any other choice."
Supervisor Steve Walker (East Fairfax District) concurred.
"We were just trying to save the taxpayers money," Walker said. "That's what we were trying to do. Anyways, I agree."
The lawsuit was filed by Lawrence Emerson, former editor of the Culpeper Citizen in October 2004. The case continued after Emerson sold the Citizen to Times Community Newspapers in December 2005. Daily newspapers The Culpeper Star-Exponent and The Free-lance Star of Fredericksburg signed on as plaintiffs in the circuit court appeal.
The writ covers only the attorney's fees, which grew to $128,000, according to County Attorney Dave Maddox. Subsequent negotiations reduced the amount.
The money will come from the county's insurance.
The ruling is available at: http://www.courts.state.va.us/opinions/opnscvtx/1052333.txt

-- Culpeper Citizen