Request By:
Richard G. Bowman
90 Benberry Ct.
Kuttawa, KY 42055W. G. McConnell, Chairman
Kuttawa Relocation Foundation, Inc.
c/o McConnell's Drug Store
Civic Center
Kuttawa, KY 42055Alan C. Stout
Stout Law Office
111 West Bellville Street
P.O. Box 81
Marion, KY 42064
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that under authority of KRS 61.882 and OAG 88-78, the Attorney General is foreclosed from rendering an open records decision. Mr. Bowman, in his letter of appeal, and the Foundation in its response, have advised that Mr. Bowman has filed a civil action in the Lyon Circuit Court, Civil Action No. 02-CI-00215, on the same open records issues presented in this appeal and that the matter is currently pending before that court. It is therefore "improper for this office to attempt to substantively determine an open records question, when the same question is before the circuit court." OAG 88-78, p. 3; see also 97-ORD-163 (copies enclosed). We believe that OAG 88-78 is dispositive of this appeal.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.