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Opinion

Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 the Grant Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act in regard to Nathan Marksberry's request. We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling.

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.

Nathan W. Marksberry, # 108310Shirley Wilson, Grant Circuit Court ClerkSarah J. Harper, Esq.

LLM Summary
The Attorney General's decision finds that the Grant Circuit Court Clerk is not subject to the Kentucky Open Records Act, referencing 98-ORD-006 as controlling precedent that supports this conclusion. The decision allows for an appeal to be initiated in the appropriate circuit court.
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Requested By:
Nathan W. Marksberry
Agency:
Grant Circuit Court Clerk
Type:
Open Records Decision
Lexis Citation:
2010 Ky. AG LEXIS 44
Cites:
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