FRIENDS OF FRAME PARK v. CITY OF WAUKESHA

No. 2019AP96.

976 N.W.2d 263 (2022)

2022 WI 57

FRIENDS OF FRAME PARK, U.A., Plaintiff-Appellant, v. CITY OF WAUKESHA, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: July 6, 2022.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs filed by John M. Bruce and West & Dunn, LLC, Two Rivers. There was an oral argument by John M. Bruce .

For the plaintiff-appellant, there was a brief filed by Joseph R. Cincotta and The Law Offices of Joseph R. Cincotta, Milwaukee. There was an oral argument by Joseph R. Cincotta .

An amicus curiae brief was filed by James A. Friedman , Maxted M. Lenz and Godfrey & Kahn, S.C., Madison, for the Wisconsin Broadcasters Association, the Wisconsin Freedom of Information Council, the Wisconsin Newspaper Association, the Wisconsin Transparency Project, and the Reporters Committee for Freedom of the Press. There was an oral argument by James A. Friedman .

HAGEDORN, J., delivered the majority opinion of the Court with respect to ¶3, in which ZIEGLER, C.J., ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined, an opinion with respect to ¶¶13-24, in which ZIEGLER, C.J., and ROGGENSACK, J., joined, and an opinion with respect to ¶¶1-2, 4-12, 25-38. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined. KAROFSKY, J., filed a dissenting opinion, in which ANN WALSH BRADLEY and DALLET, JJ., joined.


¶1 In this public records case, the City of Waukesha denied access to a draft contract with a private entity to protect ongoing negotiations and until it consulted with the City's Common Council. The requester brought a mandamus action seeking access to the withheld contract. Two days later, after a meeting of the Common...

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