Attorney Fees

Town of South Hill v. Hawkins (COA)

The Court of Appeals affirms the trial court's decisions requiring several documents to be released with minimal redactions. They do not constitute personnel information as defined by the Virginia Supreme Court (the first time this case went through the appeals process) because disclosure would not be an unwarranted invasion of personal privacy to a reasonable person.

Keefe v. Lovettsville

Loudoun County General District Court Judge Matthew Snow rules the town violated FOIA when it required a deposit of $115 (FOIA says a deposit can be requested for amounts over $200) and when the requester said she was going to ask the FOIA Council for its opinion, the town said it considered such an action a "threat" and would not process any more of the citizen's requests. (Plus, additional issues on redactions, post-litigation production of records, reasonableness of FOIA charges and attorney fees.)

Rivera v. Long (Virginia Supreme Court)

Where the Social Security numbers are redacted from voter registration application records, the documents will no longer be exempt from inspection.

Rivera v. Long (Norfolk Circuit Court) (on costs and attorneys' fees)

Judge rules on cost prevailing plaintiff should pay for copies of general registrar's records, as well as on attorneys' fees for the plaintiff's attorney.

White Dog Publishing v. Culpeper Board of Supervisors

In considering certain newspaper publishers' application for a writ of mandamus, the circuit court erred in finding that a county board of supervisors did not violate the Virginia Freedom of Information Act (FOIA) by going into a closed session at a particular meeting and erred in failing to award reasonable costs and attorney's fees under the Act. Because the purpose of the closed session was not the formation or modifications of a procurement contract, it did not fall within the statutory public contract exemption of § 2.2-3711(A)(30), and special circumstances did not make an award of fees and costs unjust.

Shenandoah Publishing House v. Warren County School Board

Decided City Council did not violate FOIA by meeting in closed session; Shenandoah Publishing House Inc. v. The Winchester City Council; Chancery No. 95-156.

RF&P Corp. v. Little

A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.

Shenandoah Publishing House v. Warren County School Board

FOIA violations made in good faith do not require the imposition of civil penalties

Little v. Virginia Retirement System

an individual's wilful and knowing violation of FOIA merits penalty
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