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BOWLING v. LEXINGTON-FAYETTE URBAN CTY GOV.

No. 2004-SC-0907-MR.

172 S.W.3d 333 (2005)

Thomas C. BOWLING, Appellant, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, Appellee, and Honorable Gregory D. STUMBO, Attorney General, Commonwealth of Kentucky Intervening Appellee

Supreme Court of Kentucky.

Rehearing Denied October 20, 2005.

Attorney(s) appearing for the Case

Susan Jackson Balliet, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Elizabeth Stovall, Louisville, Counsel for Appellant.

Glenda D. Humphrey, Lexington-Fayette Urban County Government, Department of Law, Lexington, Counsel for Appellee Lexington-Fayette Urban County Government.

David A. Smith, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Intervening Appellee Honorable Gregory D. Stumbo, Attorney General, Commonwealth of Kentucky.

Opinion of the Court by Justice COOPER.

This appeal stems from the dismissal of an action filed in the Fayette Circuit Court by Appellant, Thomas C. Bowling, pursuant to the Open Records Act, KRS 61.870 to KRS 61.884. Appellant's complaint alleged that the Lexington-Fayette Urban County Government (LFUCG) wrongfully withheld records after he made a series of open records requests. On appeal, he claims that the trial court erred by 1) canceling an evidentiary hearing...

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