Third District, then Utah Supreme Court · 050909118 / 20060813
Southern Utah Wilderness Alliance v. Automated Geographic Reference Center
Requester won Judicial review
- Forum
- Third District, then Utah Supreme Court
- Case number
- 050909118 / 20060813
- Decided
- Dec 23, 2008
- Outcome
- Requester won
- Underlying case
- Closed. Decided December 23, 2008; reversed, with access ordered.
What the court held
- SUWA asked the Automated Geographic Reference Center for mapping and GIS records on claimed R.S. 2477 rights-of-way in Emery County. The centre denied the request, the State Records Committee upheld the denial as work product, and the district court granted the agency summary judgment.
- The Supreme Court reversed. The records exist because a statute requires the centre to create and maintain them, so they are made in the ordinary course of business and are presumptively public.
- The court also rejected the attorney-client, draft and unreasonable-duplication defences, holding a request to one agency does not duplicate a request to another.
Source
Other Judicial review matters
Gadd v. Utah School Boards Association
Marini v. Utah State Records Committee
Sevier County School District v. Kummer
University of Utah v. Tanner
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