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When possible, the Coalition will gather briefs filed in past and pending litigation
and post them to this page. Usually briefs are not filed until they get to
the Supreme Court of Virginia, but we will also include petitions and responses
in the litigation phase when possible. Cases will be described generally, as will the various filings.
Most of these files have been scanned into electronic format from
hard copies. Every attempt has been made to preserve basic formatting,
such as use of italics, underlining and other kinds of type used
for emphasis. Original page numbers are not included. Also, due
to the vagaries of scanning software, some errors will have crept
in that we didn't catch. Citations to various court cases, page
numbers and years are the most susceptible to these kinds of errors.
Please let us know of
additional briefs we could include.
Beck v. Shelton - Va. Supreme Court case addressing the use of e-mail by more than two members
of a public body. Also dealt with application of FOIA to members-elect of a
public body, and whether a meeting of a public body occurred at a community
forum.
Cartwright v. Commonwealth Transportation Commissioner of
Virginia - Case currently pending before the Va. Supreme
Court. Addresses the standard a trial court must apply when
determining if mandamus relief under FOIA is appropriate. Also
addresses whether a citizen can be denied a FOIA request because
he is also in litigation and might be able to get the same
requested record through discovery. VDOT initiated eminent
domain proceedings against Raymond Cartwright. Cartwright asked
for documents related to the case through FOIA. Circuit Court
ruled that Cartwright couldn't get them because he was currently
in litigation with VDOT and could seek the same documents through
discovery.
- Order from Chesapeake Circuit Court in VDOT's
favor. (PDF)
- Brief of Raymond Cartwright, a citizen suing
VDOT, petitioning the Supreme Court of Virginia to review his
case. (PDF)
- Brief of VDOT, opposing Cartwright's petition
for review. (PDF)
- Supreme Court decision reversing
the circuit court, holding that a plaintiff does not have to prove that he does
not have an adequate remedy at law before being entitled to a writ of mandamus
under FOIA.
Connell v. Kersey - Va. Supreme Court ruled that
constitutional officers were not covered by FOIA. Subsequent legislation
specifically included such officers.
- Opening brief of citizen/criminal defendant who
asked for records from the Commonwealth Attorney's offrice and
was denied.
- Amicus brief in support of citizen, filed by VCOG
and the Reporters Committee for Freedom of the Press.
- Decision by Fairfax
County Circuit Judge Jane Marum Roush in favor of Commonwealth
Attorney's office.
- Supreme
Court decision affirming
the circuit court.
Wilson v. City of Salem - Litigation out of the
Salem Circuit Court in 2000 over the legality of a vote taken on
a
measure that was not included on the agenda.
- City's brief in response to plaintiff's memorandum,
which was in response to the city's demurrer.
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