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W.Va. newspaper awarded court costs after FOIA lawsuit

May 17, 2008 @ 12:39 PM

Herald-Dispatch.com

MORGANTOWN, W.Va. (AP) — A Morgantown newspaper that went to court to get unrestricted access to public documents has been awarded more than $2,300 in attorney fees and court costs.

Monongalia County Circuit Judge Robert Stone signed an order Wednesday requiring the county’s board of health to reimburse The Dominion Post, which sued under the Freedom of Information Act after the board refused to provide unaltered copies of public comments on a proposed countywide smoking ban. The board chairman had said the identities of people who made the comments should be kept private.

But last month, Stone ruled that citizens who write to a government official concerning a public issue lose their expectation of confidentiality.

Dominion Post Editor Geri Ferrara said the case was decided appropriately.

Assistant Monongalia County Prosecutor Phil Magro, who represented the board, said his client did not object to the reimbursement order.