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Published by the Indiana Office of Court Services

Shepard Properties Co. v. Int’l Union of Painters & Allied Trades, Dist. Council 91, No. 49S04-1112-PL-697, ___ N.E.2d ___ (Ind., July 31, 2012).

August 3, 2012 Filed Under: Civil Tagged With: S. David, Supreme

David, J.
In this case, a plaintiff prevailed on its Access to Public Records Act claim against a public agency and an intervening private party. As required by statute, the trial court awarded the plaintiff attorney’s fees.
The fees were awarded against both the public agency and intervening private party, jointly and severally. The private party argued that the Access to Public Records Act does not contemplate the award of attorney’s fees against an intervening private party and that only the public agency should be liable for the fees.
We hold that the Access to Public Records Act, in light of the legislature’s liberal-construction mandate and the statute’s underlying policy, permits the award of attorney’s fees against an intervening private party. We further hold that, in this case, the trial court did not abuse its discretion in its apportionment of liability.
….
Sullivan and Rucker, JJ., concur.
Dickson, C.J., and Massa, J., dissent without opinion.
 

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