STATE EX REL. TOOMEY v. CITY OF TRUTH OR CONSEQUENCES

No. 30,795.

287 P.3d 364 (2012)

2012-NMCA-104

STATE of New Mexico ex rel. Deborah TOOMEY, an individual, Plaintiff-Appellant, v. CITY OF TRUTH OR CONSEQUENCES, Mary Penner, Sierra Community Council, and Jay Hopkins, Defendants-Appellees.

Court of Appeals of New Mexico.

July 26, 2012.


Attorney(s) appearing for the Case

Deborah Toomey, Albuquerque, NM, Pro Se Appellant.

Jaime F. Rubin , City Attorney, Truth or Consequences, NM, for Appellee.

Randolph H. Barnhouse , Luebben Johnson & Barnhouse LLP, Los Ranchos de Albuquerque, NM, for Amicus Curiae New Mexico Foundation for Open Government.

Randall D. Van Vleck , New Mexico Municipal League, Inc., Santa Fe, NM, Charles Rennick, LLC, Charles Rennick , Santa Fe, NM, for Amicus Curiae New Mexico Municipal League, Inc.


OPINION

VANZI, Judge.

{1} Plaintiff Deborah Toomey appeals from the district court's ruling that she is not entitled to certain DVD recordings she requested under the Inspection of Public Records Act (IPRA), NMSA 1978, §§ 14-2-1 to -12 (1947, as amended through 2011). The district court found that the Sierra Community Council, Inc. (SCC), a non-profit corporation that operates a public access cable channel under contract with the City...

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