Arkansas Hwy. & Transp. Dep't v. Hope Brick Works Inc.
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Arkansas Hwy. & Transp. Dep't v. Hope Brick Works Inc. was a case before the Arkansas Supreme Court in 1988 concerning the deliberative process exemption.
Important precedents
This case established that state attorneys, other than the Attorney General and his staff are not exempt from the Arkansas Freedom of Information Act based on either the deliberative process exemption or an attorney-client privilege exemption.[1]
Background
- The Highway department was in the process of relocating a highway. A portion of the land the highway would reuire was owned by Hope Brick Works Inc..
- In the process of developing a suit to prevent their loss of land, Brick Works submitted a public records request for all documents relating to the Highway departments land appraisals, including all working papers.
- The Highway department responded with the information relating to the appraisal of Hope Brick Works land, but denied the remainder of the request based on the deliberative process exemption.
- Brick Works filed suit and the trial court ruled in favor of Hope Brick Works and ordered the release of the documents in question.
- The Highway department appealed the decision, arguing:
"(1) the appellee's demand for the Highway Department's appraisals abuses the intent of the Freedom of Information Act; (2) the Highway Department's real estate appraisals are protected by rule of the court; (3) the working papers, correspondence, and unpublished memoranda of state attorneys are exempt from disclosure under the Freedom of Information Act; (4) under the attorney-client privilege the Highway Department's appraisals are exempt from disclosure; (5) Hope Brick Works, Inc., is not a "citizen" within the meaning of the Freedom of Information Act; (6) the release of the Highway Department's appraisals to Hope Brick Works, Inc., will give a department's competitor an unfair advantage; and (7) the Arkansas Freedom of Information Act is in violation of the privileges and immunities clause."[1]
Ruling of the court
The trial court ruled in favor of Hope Brick Works and ordered the release of the documents in question.
The Supreme Court affirmed the decision of the trial court. The court systematically rejected all of the highway departments contentions with the following arguments:
- The court established that the intent of the act is openness and that because the information was not clearly exempted, the request did not fall outside the intention of the act.
- The court established that no court order had been issued, and thus the material was not exempt based on court order.
- Citing Scott v. Smith, the court established that the exemption found in Ark. Code. 25-10-105(b)(7) only applied to the office of the Attorney General, and that the FOIA did not contain an exemption for attorney-client privilege.
- Same argument as above.
- The court determined that, despite being a corporation and not a citizen, the intent of the act clearly extend to all members of the electorate, including those represented by the corporation.
- The court rejected the notion that Hope Brick Works was a competitor and at competition with the Highway department.
- Finally, the court rejected the notion that the Freedom of Information Act is unconstitutional.[1]
Based on these assertions the Court ruled in favor of Hope Brick Works, ordering the documents in question released.
Associated cases
See also
- Arkansas Freedom of Information Act
- Deliberative process exemption-Arkansas
External links
Footnotes