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GANNON v. BOARD OF REGENTS

No. 03-1658.

692 N.W.2d 31 (2005)

Mark GANNON and Arlen Nichols, Appellants, v. BOARD OF REGENTS OF the STATE of Iowa; Gregory S. Nichols, Executive Director, Board of Regents of the State of Iowa; Iowa State University Foundation; Peg Armstrong-Gustafson, Interim President and Chief Executive Officer, Iowa State University Foundation, Appellees.

Supreme Court of Iowa.

February 4, 2005.

Attorney(s) appearing for the Case

Thomas D. Hanson of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellants.

Mark McCormick and Christopher M. Miller of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for appellees Iowa State University Foundation and Armstrong-Gustafson.

George A. Carroll, Assistant Attorney General, for appellees Board of Regents and Nichols.

STREIT, Justice.

In this appeal, we are asked to decide whether a government body may outsource one of its core functions to a private corporation, making that part of its operation nongovernmental and not subject to public scrutiny. We hold the Iowa State University Foundation, a recipient of such outsourcing, is performing a government function, and therefore its records are subject to disclosure. Because the district court found the Foundation was not performing...

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