A judge has ordered Ogden City to respond to a list of questions from
the Sierra Club regarding documents that the city has been withholding
from the public for over three years.
The Sierra Club filed suit in Utah’s 2nd District Court in 2007,
seeking access to city records concerning the now-dormant gondola
project. Since then, Ogden and the Sierra Club have wrangled over
procedural disputes, asking the court to resolve these disputes on
three occasions. The Sierra Club has now prevailed on all three of
its motions.
In 2008, 2nd District Judge W. Brent West ordered Ogden to provide an
itemized index of the records it was withholding. The index listed 41
separate records, totaling 167 pages. The Sierra Club then documented
that several records were missing from this index, and Judge West
ordered Ogden to explain the status of the missing records in 2009.
After losing on each of these procedural motions, Ogden voluntarily
released some of the records it was withholding. The latest version
of Ogden’s index lists 26 records that are still being withheld.
Most recently, the Sierra Club asked Ogden to answer a list of
specific questions about the basis for withholding the remaining 26
records, and about a few records that still appear to be missing from
its list. When the city refused to answer, the Sierra Club went back
to the court and prevailed for the third time. Judge West ruled that
the Sierra Club’s questions “are carefully drafted and restricted to
appropriate issues ... within the realm of permissible discovery.”
Last week he signed an order directing Ogden to answer the Sierra
Club’s questions within 30 days.
Summarizing the status of the lawsuit, Sierra Club volunteer Dan
Schroeder said, “So far, Ogden City has lost on every motion that has
come before the Court in this case. The city’s obstructionist tactics
have succeeded, however, in delaying the release of dozens of records
for three years, running up tens of thousands of dollars in legal fees
for both sides, and wasting everyone’s time. I guess that’s what
happens when public officials can finance lawsuits with taxpayer
dollars.”
Schroeder stated that the Sierra Club expects to eventually win the
release of nearly all of the withheld records, and that under Utah
law, if the Sierra Club prevails, Ogden may have to reimburse the Club
for its legal fees.
“The Sierra Club is extremely grateful to our attorneys, Joel Ban and
Patrick Shea, for their expertise and persistence throughout this
lengthy dispute and for deferring most of their billing until after
the case is resolved,” Schroeder added.
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Copies of Judge West’s Decision and Order are attached. The Sierra
Club received notice on October 22 that Judge West signed this order
on October 18. Additional background material on this matter can be
found at "http://utah.sierraclub.org/ogden/OgdenFront/GRAMA-lawsuit/index.html
