Frankfort Publishing Co. v. Kentucky State University Foundation, Inc.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals reversing a declaratory judgment of the Franklin Circuit Court which held that the Kentucky State University Foundation, Inc. was a “public agency” as defined in K.R.S. 61.870(1) and therefore subject to the Open Records law, K.R.S. 61.870 to 61.884.

The sole issue is the application of the phrase “or agency thereof” as used in K.R.S. 61.870(1).

The Foundation is a nonprofit Kentucky Corporation, the purpose of which is to receive funds, gifts, grants, devises and bequests and apply them for the benefit of Kentucky…