5. Pleading format.

Public records are prima facie disclosable to any person who makes an adequate request. Booth Newspapers Inc. v. Regents of the University of Michigan, 93 Mich. App. 100, 286 N.W.2d 55, 59 n.9 (1979). The complainant need not allege that the materials sought are not subject to statutory exemption. Exemption is a defense in actions brought under the FOIA. Booth Newspapers Inc. v. Regents of the University of Michigan, 286 N.W.2d at 60. The application of exemptions requiring legal determinations are reviewed de novo, while the application of exemptions requiring determinations of a discretionary nature are reviewed under a clearly erroneous standard. Federated Publications Inc. v. City of Lansing, 467 Mich. 98, 649 N.W.2d 383 (2002). The burden is on the public body to sustain denial of the request, Mich. Comp. Laws Ann. § 15.240(4), but in applying the public interest balancing test, the circuit court should consider the fact that records have been made exemptible under § 15.243(1)(s). Federated Publications Inc. v. City of Lansing, supra, 649 N.W.2d at 385.