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DEPARTMENT OF REVENUE v. WYRICK

Nos. 2008-SC-000468-DG, 2009-SC-000543-DG.

323 S.W.3d 710 (2010)

DEPARTMENT OF REVENUE, FINANCE AND ADMINISTRATION CABINET, Commonwealth of Kentucky, et al., Appellants/Cross-Appellees, v. Mitzi D. WYRICK, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

October 21, 2010.

Attorney(s) appearing for the Case

Laura Marie Ferguson , Department of Revenue, Office of Legal Services, Frankfort, KY, Counsel for Appellants/Cross-Appellees.

Deborah H. Patterson , Laurel K. Cornell , Rania Marie Basha , Sara Christine Veeneman , Wyatt, Tarrant & Combs, LLP, Louisville, KY, Counsel for Appellee/Cross-Appellant.

Opinion of the Court by Justice SCHRODER.

The appeal in this case deals with interpretation of KRS 61.878(1), the "civil litigation limitation" of the Open Records Law. We hold that a request for open records should be evaluated independently of whether the requester is a party or potential party to litigation. Therefore, we agree with the Court of Appeals that the circuit court erred in its application of the civil litigation limitation, and remand for reconsideration...

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