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MARINA MAN. SERV. v. CABINET FOR TOURISM

No. 95-SC-66-I.

906 S.W.2d 318 (1995)

MARINA MANAGEMENT SERVICES, INC., State Dock, Inc., and Barnes Marina Holding Company, Inc. d/b/a Kentucky Dam Marina, Movants, and Green River Associates d/b/a Green River Marina and BARREN RIVER MARINA, Movants/Intervening Plaintiffs, v. COMMONWEALTH OF KENTUCKY, CABINET FOR TOURISM, Department of Parks, and Legislative Program Review and Investigation Committee, Respondents.

Supreme Court of Kentucky.

Rehearing Denied October 19, 1995.

Attorney(s) appearing for the Case

Jackson W. White, Denise H. McClelland, Frost & Jacobs, Lexington, for movants.

Sarah Hernandez, Gen. Counsel, Tourism Cabinet, Frankfort, H. John Schaaf, Gen. Counsel, Legislative Research Com'n, Alice Hobson, Legislative Research Com'n, Frankfort, for respondents.

STEPHENS, Chief Justice.

This case questions the scope of the exemption contained in KRS 61.878(1)(c) of the Kentucky Open Records Act, addressing whether it applies to a situation where confidential audited financial reports of a privately owned corporation have been submitted to a public agency pursuant to a license agreement with the State. Also at issue is the effect of KRS 61.878(5) on this fact situation and whether it effectively denies the privately owned...

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