Willfulness

Cited	Statutes	Annotation
2019 Ky. App. LEXIS 90	61.882	Circuit court properly award a newspaper penalties and attorney’s fees because the Cabinet for Economic Development had no legal basis for denying the names of a private company’s shareholders after the company disclosed them. Commonwealth v. Courier-Journal, Inc., 2019 Ky. App. LEXIS 90 (Ky. Ct. App. May 17, 2019, sub. op., 2019 Ky. App. Unpub. LEXIS 633 (Ky. Ct. App. May 17, 2019). Link
Cabinet for Health & Family Servs. v. Todd Cnty. Standard, Inc.	61.882	It was not clearly erroneous to award a newspaper attorney's fees, costs, and penalties for a violation of the Open Records Act by the Cabinet for Health and Family Services (Cabinet) because, by first denying the requested records existed, the Cabinet acted willfully. Cabinet v. Todd Cnty. Std., 488 S.W.3d 1, 2015 Ky. App. LEXIS 171 (Ky. Ct. App. 2015). Link
Eplion v. Burchett	61.882	Whether the assessment of penalties will have any coercive effect is not a proper consideration under KRS 61.882(5); rather, the only basis upon which penalties may be awarded is a finding that the officials’ noncompliance with the Kentucky Open Records Act was willful. Even though the trial court erred by making this improper consideration, a reversal was not warranted because an inmate requesting certain records waived the right to contest the error where he did not raise the issue of willfulness. Eplion v. Burchett, 354 S.W.3d 598, 2011 Ky. App. LEXIS 215 (Ky. Ct. App. 2011). Link

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