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MAYFAIR CHRYSLER-PLYMOUTH v. BALDAROTTA

No. 89-0985.

154 Wis.2d 793 (1990)

453 N.W.2d 922

MAYFAIR CHRYSLER-PLYMOUTH, INC., Plaintiff-Respondent, v. Nick BALDAROTTA, Legal Custodian of Records of the Wisconsin Department of Revenue, and Wisconsin Department of Revenue, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided February 22, 1990.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with Robert W. Larsen, assistant attorney general, of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of Jeffrey A. Kremers and Diane Slomowitz of Fox, Carpenter, O'Neill & Shannon, S.C. of Milwaukee.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

This is a mandamus action commenced under the Wisconsin Open Records Law, secs. 19.31-19.39, Stats., challenging the Department of Revenue's denial of a request for access to certain records on grounds that it had promised anonymity to an "informant" and feared that the sought-after records might lead to disclosure of the informant's identity. We conclude that the reasons asserted by the department were insufficient as a matter of law to support the denial...

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