M4B5

A party may appeal the decision of the attorney general by bringing a judicial action within 30 days of the attorney general's opinion. Ky. Rev. Stat. 61.846(4)(a).

The court may award declaratory relief, an injunction, a writ of prohibition or mandamus, costs, disbursements, and reasonable attorney’s fees against the entity. N.D.C.C. § 44-04-21.2(1). For an intentional or knowing violation, the court may also award damages in an amount equal to one thousand dollars or actual damages caused by the violation, whichever is greater. N.D.C.C. § 44-04-21.2(1).

Any action that is a product of a violation of N.D.C.C. §§ 44-04-19, 44-04-20, or 44-04-21 is voidable by a court in a civil action. N.D.C.C. § 44-04-21.2(2).

Always keep in mind that the object of a suit over violations of open meetings or records is primarily intended to allow you access to the meeting or record, and to obtain information for use in gathering and reporting news, rather than simply to win a victory in a lawsuit or otherwise. As a result, you should keep in mind your goal of getting the information, and constantly be aware of other sources of obtaining that, formal or informal, while you or your lawyers pursue lawsuits or other similar remedies.

Any person may file a complaint with the state Attorney General or the district attorney, each of whom must institute enforcement proceedings unless written reasons are given as to why the suit should not be filed. La. Rev. Stat. Ann. § 42:10.

The best subsequent measure available is to sue in mandamus for the creation of minutes of meetings that were unlawfully closed. State ex rel. Cincinnati Post v. City of Cincinnati, 76 Ohio St. 3d 540, 668 N.E.2d 903 (1996); State ex rel. The Fairfield Leader v. Ricketts, 56 Ohio St. 3d 97, 564 N.E.2d 486 (1990).

(This section is blank. See the point above.)

No.

If possible to do in advance, it is always advisable to request access to a meeting to which one has reason to believe he will be excluded. Once denial is given, then the person can proceed to district court.

No.

Injunctive, declaratory relief, and any other appropriate relief are available. § 10-510(d).