West Virginia sunshine lawsuits

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Here is a list of major FOIA court decisions and their effect on the West Virginia Freedom of Information Act.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)


" Year Precedent
4-H Road Com. v. W.Va. Univ. Foundation 1989 This case established that the West Virginia University Foundation is not a public body because it was created by private individuals and its funding comes from private sources.
Affiiliated Construction Trades Foundation v. Regional Jail And Correctional Authority 1997
Appalachian Power Co. v. Public Service Commission 1979
Casto v. Board of Education 1894 This case established the importance of open meetings with regard to matters that directly affect the population prior to the passing of legislation.
Charleston Gazette v. City of Charleston 1998
Charleston Mail Association v. Kelly 1965
Child Protection Group v. Cline 1986
Daily Gazette v. West Virginia Board of Medicine 1986
Daily Gazette v. West Virginia Development Office 1996
Daily Gazette v. West Virginia State Bar 1984
Daily Gazette v. Withrow 1986
Hechler v. Casey 1985
Maclay v Jones 2000
McComas v. Board of Education of Fayette County 1996
Ogden Newspapers v. City of Charleston 1994
Queen v. W. Va. University Hospitals 1987 This case established that a private entity need not expressly be created by a public body to be considered a creation of the public body. Strongly enabling statutes that establish the purpose, function and bylaws of a soon to be established corporation can constitute creation with regards to the public records laws.
Richardson v. Town of Kimball 1986
State ex rel. Herald Mail Co. v. Hamilton 1980
State of West Virginia v. Brotherton 2003
State of West Virginia v. Harrison 1947
The Associated Press v. Canterbury 2009
Thompson v. W. Va. Board of Osteopathy 1994
Withrow v. Surface 1931

References