Department of Revenue, Finance & Administration Cabinet v. Wyrick

Opinion of the Court by

Justice SCHRODER.

The appeal in this case deals with interpretation of KRS 61.878(1), the “civil litigation limitation” of the Open Records Law. We hold that a request for open records should be evaluated independently of whether the requester is a party or potential party to litigation. Therefore, we agree with the Court of Appeals that the circuit court erred in its application of the civil litigation limitation, and remand for reconsideration.

Appellee/Cross-Appellant Mitzi Wyrick, an attorney representing Gannett Satellite Information Network, Inc. before the Kentucky…