MATTER OF INVESTIGATIVE RECORDS

No. 93-487.

877 P.2d 470 (1994)

In the Matter of the INVESTIGATIVE RECORDS OF the CITY OF COLUMBUS POLICE DEPARTMENT. Cynthia GAUSTAD, as the parent and next friend of M.G., Petitioner and Appellant, v. CITY OF COLUMBUS, Respondent and Respondent.

Supreme Court of Montana.

Decided June 27, 1994.


Attorney(s) appearing for the Case

Jeffrey T. Renz, Jeffrey T. Renz & Associates, Missoula, for Appellant.

Douglas D. Howard, Heard & Howard, Columbus, for Respondent.


GRAY, Justice.

Cynthia Gaustad (Gaustad) appeals from an order of the Thirteenth Judicial District Court, Stillwater County, denying her motion for attorney's fees pursuant to § 2-3-221, MCA, after she prevailed in obtaining the inspection of an investigative file held by the City of Columbus. We vacate and remand.

On February 19, 1992, Gaustad's minor son allegedly was assaulted by an adult in the Columbus Elementary School. While investigating the alleged...

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