Opinion

Beckham v. Bd. of Educ. of Jefferson Cty.

  • 873 S.W.2d 575
  • 22 Media L. Rep. (BNA) 2018
  • 1994 Ky. LEXIS 22
  • 1994 WL 94144
Court
Kentucky Supreme Court
Filed
Mar 24, 1994
Status
Published
Author
Stumbo
On the bench
Lambert, Stephens, Reynolds, Spain, Stumbo, Leibson, Wintersheimer
Cited by
100 cases

holding that a party affected by the decision of a public agency to release records pursuant to state Open Records Act had standing to contest the agency decision in court

How later courts described this case

  • holding that a party affected by the decision of a public agency to release records pursuant to state Open Records Act had standing to contest the agency decision in court
  • stating “[courts]' are not at liberty to add or subtract from the legislative enactment nor discover meaning not reasonably ascertainable from the language used[ ]”
  • noting that our duty is to ascertain the intent of the General Assembly and that we are not at liberty to add or subtract language from a statute
  • ‘We are not at liberty to add or subtract from the legislative enactment nor discover meaning not reasonably ascertainable from the language used.”

Written by the judges who cited it.

The opinion

STUMBO, Justice,

concurring.

I concur in the holding that appellants herein have standing to contest the agency decision. I, however, would take the next step and review on the merits the trial court’s decision requiring disclosure. To do otherwise is to further delay resolution of this matter, which is not in keeping with either the intent of the Kentucky Open Records Act (to provide immediate access to public records) or judicial economy.

LEIBSON and WINTERSHEIMER, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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