DENIAL OF RECORDS IS IMPROPER IF COURT ACTION IS NOT ACTIVE FOR FURTHER LITIGATION

17 Oct DENIAL OF RECORDS IS IMPROPER IF COURT ACTION IS NOT ACTIVE FOR FURTHER LITIGATION

October 17, 2022

Issued to:         Pelican Township

Request:          Did the Pelican Township violate the open records laws when it denied a request for records citing pending litigation?

Conclusion:     The Pelican Township received a request for records primarily concerning two township meetings during which decisions were made which led to civil litigation.  The township denied the request citing N.D.C.C. § 44-04-18(6) and pending litigation.  At the time of the request, no issued remained for a court to review; there was no remand ordered to another court; neither party had appealed the decision; and the case was not active for purposes of further litigation.  Therefore, Pelican Township violated the open records laws when it improperly relied on pending litigation to deny a records request.

This opinion may be viewed at: 2022-O-15