Michigan Freedom of Information Committee

FOIA Cases 1997-1999   summarized

YEAR 1999 CASES

Mager v State Police, 460 Mich 134, 595 NW2d 142 (1999)
Release of gun registration records would invade privacy. Release of the personal information was unwarranted because it would not “serve the core purpose of the FOIA,  which is contributing significantly to public understanding of the operations or activities  of the  government.” The records are “entirely unrelated to any inquiry regarding the inner working of government.”

Huron Restoration v EMU (Michigan Court of Appeals, 1999, unpublished)
Alumni names and addresses not exempt from disclosure. Lawsuit settlement agreement not exempt. Legal bills not exempt.

Clark v National Security Agency (Western District of Michigan, 1999)
Federal FOIA claim dismissed because of failure to exhaust administrative remedies.

Kent County Deputies v Kent County Sheriff, 1999 WL 993733 (Court of Appeals, Oct 26, 1999)
PERA Takes Precedence Over the FOIA

Manning v East Tawas, 234 Mich App 244, 593 NW2d 649 (Michigan Court of Appeals 1999)
Closed city council meeting with City attorney did not violate OMA.. OMA violation can be corrected by reenacting decision resulting from closed session.

Messenger v Consumer & Industry Services Bureau (Michigan Court of Appeals, 1999, 1999 WL 1044245)
Doctor was entitled to records in his file. Preliminary communications not covered by investigation exemption.

Folsted v Federal Reserve (Federal District Court for the Western District of Michigan 1:99-cv-124, 1999)
No federal FOIA liability when agency disposed of records in violation of its policies.

Federated Publications v MSU, 460 Mich 75, 594 NW2d 491 (Michigan Supreme Court1999)
State university exempt from FOIA and OMA in presidential selection.

Haley v Nunda Twp (Court of Appeals, unpublished 1999)
No award of attorneys fees where lawsuit unnecessary to obtain records.

Federated Publications v Michigan  (unpublished)
Phone call logs of Liquor Control Commission members not exempt.

Porphir v Mason County  (Court of Appeals, unpublished 1999)
Previous violation of OMA does not warrant injunction where there is no reason to fear future violations.

YEAR 1998 CASES

None summarized here.

YEAR 1997 CASES

Bradley v Saranac Community Schools Bd of Education, 455 Mich 285, 565 NW2d 650 (Supreme Court 1997)
Teacher personnel records not covered by FOIA privacy or intra-agency communication exemptions.

    · Summaries of cases in 2006

    · Summaries of cases from 2003-2005