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Posted by: Tanja Trezise on Sep 25, 2012

Court: TN Court of Appeals

Attorneys 1:

John R. Anderson and Mark W. Litchford, Chattanooga, Tennessee, for the appellant, Rebecca Little.

Attorneys 2:

Phillip A. Noblett and Keith J. Reisman, Chattanooga, Tennessee, for the appellee, City of Chattanooga, Tennessee.

Judge(s): MCCLARTY

This action involves requests made by the appellant pursuant to the Tennessee Public Records Act, Tennessee Code Annotated sections 10-7-501, et seq. and 6-51-108(b), to the appellee city. After not receiving access to certain records to which she felt entitled, the appellant filed this petition. The trial court ruled that the city never refused to disclose the records but it just had not done much as of the time the petition was filed. However, because appellant did not prove that the city acted in bad faith as a result of its slowness in producing the public record requested the appellant was denied an award of attorney’s fees for the filing of the petition. We reverse the judgment of the trial court.