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Items of Interest

Indiana's Access to Public Records Act

      Not long ago, The Hultquist Law Firm, along with co-counsel, Dr. Robert J. Girod, were successful in our efforts to inspect and copy a document the Town Council President of the Town of Andrews, Indiana introduced during a March 2013 Town Council meeting wherein he described the document as "proof of the Town Marshal's insubordination."  At the close of the meeting, Town Marshal Juilerat was demoted to Deputy Marshal.  
      Girod and The Hultquist Law Firm immediately got to work by requesting a copy of the document pursuant to a Town ordinance and a state statute.  The Town's attorney refused to provide us with the document we sought.  As such, filed a formal Complaint with Indiana's Public Access Counselor who ruled in opinion 13-Inf-39 that the document should have been handed over to us.  Despite that firm victory in our favor, the Town and its counsel continued to refuse to provide us with the document.  As such, we filed suit in the Huntington Circuit Court.  Though it took some time, and there are some other oddities that emerged, in the final analysis, Judge Hakes ruled 100% in the Plaintiff's favor. Next week we will be submitting our Motion for Attorneys Fees and Litigation Expenses, which are specifically awarded if the prevailing party first sought the opinion of the Public Access Counselor but was still unable to copy and inspect the subject document.  Of particular note in this case, because the Town and its attorneys and insurers fought hard against the release of the document for a period of almost five (5) years, Plaintiff's attorney's fees will approach, and may even exceed, $100,000.00.
     So, if you believe that you are entitled to copy and inspect a public document but some public office or person has refused to provide you with access, contact The Hultquist  Law Firm.  We can help and have a proven track record of doing so!  Drop us a line here, call, or check us out on Facebook.com/TheHultquistLawFirm


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