Idaho Court Says Possession Is Not Relevant in Deciding If Record Is Public

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Idaho’s Supreme Court ruled that a state agency can not prevent examination of public records by turning them over to someone else. It called the state Department of Agriculture’s appeal of a lower court decision, “frivolously pursued” because it focused on possession of the records, not whether they were or were not public. The records involve manure and wastewater management plans for cattle feed lots that owners must by law submit to the department for review. They are then returned. (8/30/06)