Lang v. Sapp

I agree with the Majority’s opinion except where it overrules in part Blair v. Hendricks, Ky.App., 30 S.W.3d 802 (2000). A “willful withholding” of records is not synonymous with a “good faith” denial of a request. A good faith denial results in a willful withholding, but not all willful with-holdings are in good faith. A willful withholding relates to the sufficiency of the request or the sufficiency of the response, whereas a good faith denial acknowledges an adequate request but is accompanied by the response and belief that the record is exempt from disclosure. KRS 61.882(5) provides that…