Herald Co. v. Eastern Michigan University Board of Regents

Today’s majority decision is an example of a court properly articulating the law, yet failing to apply it correctly. Because I strongly disagree with the majority’s position that the trial court did not abuse its discretion when it held that defendant Eastern Michigan University Board of Regents met its burden under the Freedom of Information Act (FOIA), MCL 15.231 et seq., I must respectfully dissent.

I. FACTS AND PROCEEDINGS

Plaintiff Herald Company, Inc., doing business as Booth Newspapers, Inc., and Ann Arbor News, sought disclosure of a number of public records related to the building of…