WA Legal Roundup: Division II
BIAW appeals the summary judgment dismissal of its case against Pat McCarthy- Pierce County Auditor and Pierce County. The County cross-appeals alleging that the trial court erred when it denied its cross claim for sanctions against BIAW and denied is motion to seal a inadvertently disclosed privileged email communication.
BIAW made a public disclosure of records request to the Auditor and after many arguments stated they had evidence not all the documents were handed over based upon a couple of emails that had been sent globally but later deleted by the County due to protocol. Eventually, BIAW filed suit for violations of the public disclosure act. The County cross-appealed for sanctions. The trial court dismissed the case and felt there was not any evidence the County had violated the act and ruled that the suit was not frivolous and denied motions for sanctions.
The only evidence presented at summary judgment was the declarations signed by the Auditor and the County that they provided all records requested. The appeals court affirms the trial court’s ruling.
In regards to the County’s cross appeal for sanctions the appeals court also affirms the trial court’s ruling. The appeals court found that the suit was not frivolous as was evidenced by the trial court’s request for additional briefing when BIAW made its motion for reconsideration.