Eau Claire Press Co. v. Gordon

The Eau Claire Press Co. and Janean Marti (the newspaper) appeal a judgment denying them attorney fees, costs, damages and punitive damages under sec. 19.37, Stats., the state open records law. We conclude that the newspaper is entitled to its attorney fees, costs and damages under sec. 19.37 because the mandamus action it initiated was a substantial factor in causing the city to release the requested information. However, it is not entitled to punitive damages because the city did not arbitrarily or capriciously deny or delay its response to the newspaper's request.

On May 30, 1991, the…