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Wednesday, February 06, 2013

Ind. Gov't. - "Juwi Wind Energy sees report denied to public. County attorney: Document created to aid negotiations"

An interesting, quite long Feb. 5th denial of public access story by Scott Smith of the Kokomo Tribune reports that:

Tipton County officials are withholding a consultant’s report on tax abatements from the public, but not from the developers of the Prairie Breeze Wind Farm. * * *

[When consulted, state public access counselor Joseph Hoage] said that since the Indiana Court of Appeals issued the 2003 Indianapolis Star v. Indiana University Board of Trustees decision, it has been generally accepted that once a “deliberative” record has been disclosed to an outside party, the agency can’t deny that record to other parties.

“The court of appeals has said that if an agency provides it to one party, from there on down the line, they can’t deny it to another party, based on a deliberative exception,” Hoage said.

Posted by Marcia Oddi on February 6, 2013 07:02 PM
Posted to Indiana Government