"Open Records Act disputes are notorious for posing unique challenges to our usual adversarial method of dispute resolution. Whereas in most disputes both sides have more-or-less equal access to the relevant facts, so that factual assertions and legal claims can be adversarially tested, in ORA cases only the agency knows what is in its records.

The court must hold the agency to its burden of proof by insisting that the agency make a sufficient factual showing to justify the exemption. The agency should provide the requesting party and the court with sufficient information about the nature of the withheld record (or the categories of withheld records) to permit the requester to dispute the claim and the court to assess it."

City of Ft. Thomas v. Cincinnati Enquirer (2013)