SP0254, LD 679, item 4, Document Text

Amend the amendment by striking out all of subsection 4 (page 1, lines 14 to 21 in amendment) and inserting the following:

‘ 4. Attorney’s fees. In an appeal under subsection 1 or 2, the court may award reasonable attorney’s fees and litigation expenses either to:

A. The substantially prevailing plaintiff who appealed the refusal under subsection 1 or the illegal action under subsection 2 if the court determines that the refusal or illegal action was committed in bad faith; or

B. The substantially prevailing defendant if the court determines that the appeal was brought in bad faith.

Attorney’s fees and litigation costs may not be awarded to or against a federally recognized Indian tribe.

This subsection applies to appeals under subsection 1 or 2 filed on or after January 1, 2010.’

summary

This amendment allows a court to award attorney’s fees and court costs to the body, agency or official that denied the inspection or release of the public document or took an action in an executive session if that denial or action is appealed, the body, agency or official prevails and the court determines that the appeal was brought in bad faith.

SP0254 LD 679	First Regular Session - 124th Maine Legislature H "A" to C "A", Filing Number H-380, Sponsored by SYKES Text: MS-Word, RTF or PDF		LR 1117 Item 4
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