ZILLOW, INC. v. THOMAS B. MILLER, Commissioner of the Kentucky Department of Revenue; BRAD MCDOWELL, Property Valuation Administrator for Shelby County, Kentucky; KELLIE LANG, Property Valuation Administrator for Franklin County, Kentucky; JASON SCRIBER, Property Valuation Administrator for Henry County, Kentucky; BLAKE ROBERTSON, Property Valuation Administrator for Owen County, Kentucky; JILL M. MAHONEY, Property Valuation Administrator for Trimble County, Kentucky; JADA BRADY, Property Valuation Administrator for Clark County, Kentucky, KENTUCKY PRESS ASSOCIATION, INC.; AMERICAN CITY BUSINESS JOURNALS, INC., dba Louisville Business First - Articles

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ZILLOW, INC. v. THOMAS B. MILLER, Commissioner of the Kentucky Department of Revenue; BRAD MCDOWELL, Property Valuation Administrator for Shelby County, Kentucky; KELLIE LANG, Property Valuation Administrator for Franklin County, Kentucky; JASON SCRIBER, Property Valuation Administrator for Henry County, Kentucky; BLAKE ROBERTSON, Property Valuation Administrator for Owen County, Kentucky; JILL M. MAHONEY, Property Valuation Administrator for Trimble County, Kentucky; JADA BRADY, Property Valuation Administrator for Clark County, Kentucky, KENTUCKY PRESS ASSOCIATION, INC.; AMERICAN CITY BUSINESS JOURNALS, INC., dba Louisville Business First

Posted by: Azya Thornton on Jan 16, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Michael P. Abate, KAPLAN, JOHNSON ABATE & BIRD LLP, Louisville, Kentucky, for the Newspapers.

Attorneys 2: ARGUED: Richard W. Bertelson, III, OFFICE OF LEGAL SERVICES FOR REVENUE, Frankfort, Kentucky, for the County Valuation Administrators. Darren W. Ford, FARUKI PLL, Cincinnati, Ohio, for Zillow, Inc.

Attorneys 3: ON BRIEF: Michael P. Abate, Burt A. (Chuck) Stinson, KAPLAN, JOHNSON ABATE & BIRD LLP, Louisville, Kentucky, for the Newspapers.

Attorneys 4: ON BRIEF: Richard W. Bertelson, III, OFFICE OF LEGAL SERVICES FOR REVENUE, Frankfort, Kentucky, for the County Valuation Administrators.

Attorneys 5: ON BRIEF: Darren W. Ford, John C. Greiner, FARUKI PLL, Cincinnati, Ohio, for Zillow, Inc. Daniel J. Grabowski, OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Amicus Curiae.

Judge(s): BOGGS, MOORE, and GIBBONS, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Frankfort

KAREN NELSON MOORE, Circuit Judge. Kentucky’s Open Records Act (“KORA”) provides access to public records. It distinguishes between requestors with commercial and non- commercial purposes and permits agencies to impose enhanced fees on requestors with commercial purposes. The statute provides, however, that commercial purposes do not include publication in a newspaper or periodical, use by a radio or television station in its news or informational programs, or use in litigation or claims settlement. Accordingly, we reverse the district court’s grant of partial summary judgment to Zillow, vacate the permanent injunction entered by the district court, and remand with instructions to grant summary judgment to the PVAs.

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