State Ex Rel. Borzych v. Paluszcyk

Garry A. Borzych appeals from a judgment of the trial court where the court granted summary judgment in favor of Gary Paluszcyk. We conclude that Paluszcyk did not follow the dictates of § 19.35(l)(i) and (3)(f), Stats., when he required Borzych to prepay $1.29 for a records request. Accordingly, we reverse the judgment of the trial court.

Borzych filed a petition for a writ of mandamus requesting that Paluszcyk, an inspector with the Waukesha County Sheriffs Department, be required to "perform his public duty to comply with the petitioner's request for . . . public records." According to the…