Legal Opinion · Dissent

Moore v. Abbott

Supreme Judicial Court of Maine

Decided June 17, 2008No. Docket: Cum-07-467Published

1Dissent

LEVY, J.,

with whom MEAD, J., joins, dissenting.

[¶ 22] I respectfully dissent because I believe that the functional equivalency analysis requires us to conclude that the records of the investigatory panel organized by the Attorney General are subject to the Freedom of Access Act, 1 M.R.S. §§ 401-412 (2007).

*986A. Functional Equivalency Analysis

[¶ 23] To determine whether a private entity qualifies as a public agency under the Freedom of Access Act, we employ the four-part functional equivalency test developed by the Connecticut Supreme Court. See Town of Burlington v. Hosp. Admin. Dist. No.1, 2001…

2Cases cited10 opinions

  1. United States v. LaraSupreme Court of the United States · 2004
  2. Connecticut Humane Society v. Freedom of Information CommissionSupreme Court of Connecticut · 1991
  3. Moffett v. City of PortlandSupreme Judicial Court of Maine · 1979
  4. Telford v. Thurston County Board of CommissionersCourt of Appeals of Washington · 1999
  5. Town of Burlington v. Hospital Administrative District No. 1Supreme Judicial Court of Maine · 2001

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