Evans County Board of Commissioners v. The Claxton Enterprise
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Evans County Board of Commissioners v. The Claxton Enterprise was a case before the Georgia Court of Appeals in 2002 concerning open meetings laws.
Important precedents
Background
Evans County Board of Commissioners v. The Claxton Enterprise, 255 Ga.App. 656 (2002) (Phipps, J.): The Claxton Enterprise newspaper sued the Evans County Board of Commissioners for violating the Open Meetings Act. The trial court awarded the newspaper $1,500 in attorney fees.
The Court of Appeals upheld the award of attorney fees. The Court held that when non compliance with the Open Meetings Act is without “substantial justification,” attorney fees must be awarded. This includes fees incurred for appellate work. “Substantial justification” does not require a showing that the government acted with bad faith.[1]
