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FABER v. KING

No. 31,446.

306 P.3d 519 (2013)

2013-NMCA-080

Daniel M. FABER, Plaintiff-Appellee, v. Gary K. KING, Attorney General of the State of New Mexico, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, July 12, 2013, No. 34,204.

Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker , Santa Fe, NM, for Appellee.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Chief Judge.

{1} This case requires us to determine if damages of $100 per day was a correct and reasonable award in response to the New Mexico Attorney General's wrongful withholding of documents in violation of the Inspection of Public Records Act (IPRA). We conclude that the district court erred in awarding damages under NMSA 1978, Section 14-2-12(D) (1993) without stating the nature and purpose of the damage award and in...

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