Mountain-Plains Investment Corporation; John Robert Fetters, Jr.; Joann Dransfeldt Fetters; A. Sue Fetters; and John R. Fetters III, v. Parker Jordan Metropolitan District, 2013COA123 (August 15, 2013)

“Sunlight is the most powerful of all disinfectants.” Justice Brandeis. Plaintiffs sought access to emails between a quasi-governmental agency (District), its management company, and its consultants on a water project. Plaintiffs sued for violations of the Colorado Open Records Act (CORA), because the District claimed it did not possess emails sent only between its consultants, and sought $16k for production of the records it did have. CORA defines public record as one “made, maintained, or kept by the state.” The court held that, while emails to or from the District or its management company are public record, those only between its consultants were not made, maintained, or kept by the District. Further, the court found the fee structure of $25/hour for collection of records and segregation and logging of privileged materials reasonable under CORA.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA1034-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9060&courtid=1

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