Legal Opinion · Dissent
Cyr v. Madawaska School Department
Supreme Judicial Court of Maine
Decided February 8, 2007Published
1DissentCalkins, J., joined by Dana and Alexander, Jj.,
[¶ 13] I respectfully dissent. I would affirm the judgment ordering the disclosure of the Snyder Report. The Mada-waska School Department failed to prove that the Snyder Report comes within a statutory exception from disclosure.
[¶ 14] There is no dispute that the Snyder Report is a public record under the Freedom of Access Act (FOAA). Public records are available for public inspection unless a law provides otherwise. 1 M.R.S. § 408(1) (2006). The burden of demonstrating that a public record comes within an exception to the general rule of public disclosure is on the agency. See Town of…
2Cases cited5 opinions
- Town of Burlington v. Hospital Administrative District No. 1Supreme Judicial Court of Maine · 2001
- Springfield Terminal Railway Co. v. Department of TransportationSupreme Judicial Court of Maine · 2000
- Medical Mutual Insurance v. Bureau of InsuranceSupreme Judicial Court of Maine · 2005
- Harding v. Wal-Mart Stores, Inc.Supreme Judicial Court of Maine · 2001
- South Portland Police Patrol Ass'n v. City of South PortlandSupreme Judicial Court of Maine · 2006