Cabinet for Health & Family Services v. Courier-Journal, Inc.

TAYLOR, JUDGE,

DISSENTING:

I fully concur with the majority affirming the award of -attorneys’ 'fees and costs and agree that the Cabinet acted willfully within the meaning of KRS 61.882(5). However, I respectfully dissent as concerns the award of penalties under KRS 61.882(5) and would remand for further proceedings thereon. My reasoning follows.

KRS 61.882(5) provides that a person may be awarded'up to $25 “for each day that he was deified the right to inspect or copy said public record.” The circuit court interpreted KRS 61.882(5) to permit an award of up to $25 per day for each particular…