BECK v. SHELTON

Record No. 030723.

593 S.E.2d 195 (2004)

267 Va. 482

Bill BECK, et al. v. Gordon SHELTON, et al.

Supreme Court of Virginia.

March 5, 2004.


Attorney(s) appearing for the Case

Howard H. Stahl (Steven K. Davidson; John F. O'Connor; Michael J. Baratz; Steptoe & Johnson, on briefs), Washington, DC, for appellants.

David Zachary Kaufman, Washington, DC (Michael Barnsback, Alexandria; Kaufman Law; Dimuro, Ginsburg & Mook, on brief), for appellees.

Amicus Curiae: Virginia Municipal League and The Virginia Association of Counties (Howard W. Dobbins; Elizabeth Mason Horsley; Williams Mullen, on brief), in support of appellants.

Amicus Curiae: American Civil Liberties Union of Virginia, Inc. (Rebecca K. Glenberg, on brief).

Amicus Curiae: Virginia Coalition for Open Government (J. Jack Kennedy, Jr.; Harry Hammitt; Megan H. Rhyne, on brief).

Present: All the Justices


LEMONS, Justice.

In this appeal, we consider several issues relating to The Virginia Freedom of Information Act ("FOIA" or the "Act"), Code §§ 2.2-3700 to -3714, including: 1) whether "members-elect" are "members" of a public body for the purpose of application of FOIA; 2) whether the use of electronic mail ("e-mail") for communication between three or more members of a public body constitutes a "meeting" for the purposes of FOIA; and, 3) whether a particular...

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