Legal Opinion · Dissent

Lewiston Daily Sun, Inc. v. City of Auburn

Supreme Judicial Court of Maine

Decided July 28, 1988Published

1Dissent

CLIFFORD, Justice,

with whom GLASSMAN, J., joins, dissenting.

I respectfully dissent.

The boards, commissions, agencies or authorities made subject to the Freedom of Access Act by section 402(2)(C) are terms of art and not interchangeably used. They are created by statute, charter or ordinance, are permanent in nature, and nearly always have authority to do more than recommend. Examples would be municipal boards of appeal, 30 M.R.S.A. § 2411, planning boards, 30 M.R.S.A. § 4956, boards of assessment review, 30 M.R.S.A. §§ 2060(6), 5351(2), charter commissions, 30 M.R.S.A. § 1913, Auburn Civil…

2Cases cited5 opinions

  1. Wilson v. Freedom of Information CommissionSupreme Court of Connecticut · 1980
  2. Sanders v. BentonSupreme Court of Oklahoma · 1978
  3. Washington School District No. 6 v. Superior CourtArizona Supreme Court · 1975
  4. Stone v. Board of Registration in MedicineSupreme Judicial Court of Maine · 1986
  5. Fraternal Order of Police Lodge No. 5 v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1985

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