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WATER WORKS v. CONSOLIDATED PUB., INC.

1020228, 1020311.

892 So.2d 859 (2004)

The WATER WORKS AND SEWER BOARD OF the CITY OF TALLADEGA and George Montgomery, v. CONSOLIDATED PUBLISHING, INC. Consolidated Publishing, Inc. v. The Water Works and Sewer Board of the City of Talladega and George Montgomery.

Supreme Court of Alabama.

Rehearing Denied May 28, 2004.

Attorney(s) appearing for the Case

Charles P. Gaines of Gaines, Gaines & Rasco, P.C., Talladega, for appellant/cross-appellee George Montgomery.

Steven D. Adcock, Talladega, and J.N. Montgomery, Jr., Talladega, for appellant/cross-appellee the Water Works and Sewer Board of the City of Talladega.

Dennis R. Bailey and Hendon B. DeBray of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery; and Elizabeth S. Parsons of Blair & Parsons, P.C., Pell City, for appellee/cross appellant Consolidated Publishing, Inc.

Dennis R. Bailey of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Alabama Press Association, in support of the appellee/cross appellant.

William H. Pryor, Jr., atty. gen.; Nathan Forrester, deputy atty. gen.; Olivia W. Martin and Dana H. Billingsley, asst. attys. gen., for amicus curiae State of Alabama, in support of the appellee/cross-appellant.

Robert E. Sasser, Tamara A. Stidham, and Charlanna W. Spencer of Sasser, Littleton & Stidham, P.C., Montgomery, for amicus curiae Alabama Water and Wastewater Institute, in support of the appellants/cross-appellees.

SEE, Justice.

Consolidated Publishing, Inc. ("Consolidated"), the publisher of The Daily Home, a newspaper distributed in Talladega County, sued the Water Works and Sewer Board of the City of Talladega ("the Water Board"), and its custodian of records, George Montgomery, in the Talladega Circuit Court to enjoin the Water Board from denying Consolidated access to certain records of the Water Board. Consolidated argued that it was entitled to the records under...

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