The Beshear administration today released minimally redacted documents relating to Braidy Industries, referred to elsewhere as "the corporate documents," consisting of a letter of intent regarding Kentucky's $15 million investment, stock purchase agreement, voting agreement, and investors' rights.

In August, 2019, the Kentucky Supreme Court denied the Cabinet for Economic Development's petition for review of a May, 2019, Court of Appeal's opinion affirming the Courier Journal's right to documents "in the Cabinet's possession that indicated the names of Braidy's shareholders or investors."

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No further appeals were possible and the Court of Appeals' opinion became final.

The Court of Appeals focused on the fact that the Courier "only requested documents in the Cabinet's possession that indicated the names of Braidy's shareholders or investors." It reversed that part of the Franklin Circuit Court opinion that required the Cabinet to release "the corporate documents" without redactions "to the extent. . .the documents included information beyond the names of Braidy's shareholders or investors" and were therefore not the subject of the Courier's request.

https://cases.justia.com/kentucky/court-of-appeals/2019-2018-ca-001131-…

The Court of Appeals directed the circuit court "to permit the Cabinet to redact any information. . .that does not concern the names of Braidy's shareholders or investors" from "the corporate documents."

Beshear's affirmative disclosure of minimally redacted copies of "the corporate documents" enables the public to understand "'the terms and conditions of the agreements which govern the investment and use of tax dollars,' relative to Braidy" and "the operation of Braidy."