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LAKE v. CITY OF PHOENIX

No. CV-09-0036-PR.

218 P.3d 1004 (2009)

David LAKE, Plaintiff/Appellant, v. CITY OF PHOENIX, a political subdivision of the State of Arizona; Frank Fairbanks, in his official capacity; Mario Paniagua, in his official capacity; Jack Harris, in his official capacity, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

October 29, 2009.

Attorney(s) appearing for the Case

Yen Pilch Komadina & Flemming, P.C., by Caroline A. Pilch Neil Landeen, Phoenix, Attorneys for David Lake.

Gary Verburg, Phoenix City Attorney by Sandra Hunter, Assistant City Attorney, Phoenix, Attorney for City of Phoenix, Frank Fairbanks, Mario Paniagua, and Jack Harris.

Terry Goddard, Arizona Attorney General by Paula S. Bickett, Chief Counsel Civil Appeals Section, Phoenix, Attorneys for Amicus Curiae State of Arizona.

Perkins Coie Brown & Bain P.A. by Daniel C. Barr K. McKay Worthington, Christopher M. Schultz, Elizabeth J. Kruschek, Phoenix, Attorneys for Amici Curiae First Amendment Coalition of Arizona, Inc., Society of Professional Journalists, and Arizona Newspapers Association.

Steptoe & Johnson LLP By David J. Bodney Peter S. Kozinets Chris Moeser, Phoenix, Attorneys for Amici Curiae The Associated Press, Gannett Co., Inc., The Reporters Committee for Freedom of the Press, and The E.W. Scripps Company.

League of Arizona Cities and Towns by David R. Merkel, General Counsel, Tempe, Attorney for Amicus Curiae League of Arizona Cities and Towns.

OPINION

BALES, Justice.

¶ 1 Arizona law provides that "[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours." Ariz.Rev.Stat. ("A.R.S.") § 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We today hold that if a public entity maintains a public record in an electronic format, then the...

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