Second District, then Utah Supreme Court · 180906947 / 20190811 / 20220738

McKitrick v. Gibson

Requester won in part Judicial review

Forum: Second District, then Utah Supreme Court
Case number: 180906947 / 20190811 / 20220738
Decided: Jan 11, 2024
Outcome: Requester won in part
Underlying case: Closed at the Supreme Court twice from the same district case. Standing decided August 19, 2021; the fee question reversed and remanded January 11, 2024.

What the court held

The Ogden City Records Review Board ordered the city to release redacted records about Kerry Gibson, then a Weber County Commissioner, to journalist Cathy McKitrick. Neither the city nor McKitrick challenged the order, but Gibson petitioned the district court to block release.
First appeal, 2021 UT 48: McKitrick intervened and moved to dismiss for lack of standing. The Supreme Court held the subject of a record has no standing to challenge a release order, reversed, and remanded with instructions to dismiss Gibson’s petition.
Second appeal, 2024 UT 1: before dismissal McKitrick sought her fees from the city under Utah Code 63G-2-802. The district court denied them. The Supreme Court reversed that reading of the fee provision and remanded, stopping short of deciding whether she is entitled to an award.