BREAKING NEWS!

• City of Great Falls told to release power plant documents (BY RICHARD ECKE • TRIBUNE STAFF WRITER • MARCH 10, 2010)  Read court decision
• SME files to halt document release (BY RICHARD ECKE • TRIBUNE STAFF WRITER • MARCH 11, 2010)
  

Court Again Rules in MEIC’s Favor in Public Records Lawsuit

(August 2009)  A State district court judge has ruled for a second time in favor of MEIC in its effort to allow the public to view documents held by the City of Great Falls that are related to the Highwood Generating Station. 

In May 2007, MEIC filed suit against the City of Great Falls for refusing to allow MEIC staff and members of the public to review the documents pertaining to the City’s involvement in SME and the Highwood project.  Montana’s Constitution allows the public nearly unlimited access to local and state government documents.  The Montana Newspaper Association intervened in the case in support of MEIC’s position.

About a year after the suit was filed, district court judge Wayne Phillips ruled in MEIC’s favor.  He told the City to immediately turn over the documents or provide a valid explanation for withholding them.  (Among the few exceptions to Montana’s right-to-know laws are attorney-client privilege, trade secrets, and a personal right to privacy.)

Months later, SME and the City submitted to the court an extremely cursory explanation attempting to justify withholding thousands of pages of documents.  MEIC returned to court.

The judge has again ruled for MEIC.  This time he said that SME and the City did not provide adequate justification for withholding the documents from the public.  He added that their reasons lacked any supporting evidence and that their arguments were “a stretch.”  The court reaffirmed that SME and the City are not human beings and therefore cannot claim a right to privacy.  The judge offered SME and the City one more chance to prove that they are validly withholding public documents, giving them until August 14th to turn over to him for his private review the documents that they believe they are entitled to withhold, along with a specific legal justification for withholding each document.

SME and the City have asked for more time, but MEIC has opposed any lengthy extension.  After two and one-half years of stalling, it is time for them to release public documents, and let the public know what promises and commitments have been made on its behalf.

MEIC is being represented in the case by David (Kim) Wilson of Helena.

VICTORY!

Court Orders the City of Great Falls to Release its Records on Highwood (July 17, 2008)  Read the court decision (766 KB pdf)

In the News

• Great Falls Tribune Applauds MEIC (July 20, 2008).  
• MEIC back in court seeking files that may contain trade secrets (BY ZACHARY FRANZ • TRIBUNE STAFF WRITER • JULY 31, 2008)
  
• Watch the video of KFBB's news report, "Citizens want Highwood Documents from Great Falls"