Garlick v. Naperville Township
2017 IL App (2d) 170025
Ill. App. Ct.2017Background
- Warren Garlick (plaintiff) requested under FOIA a copy of Naperville Township’s real-property database in its native (SQL Server) file format; township provided only parcel-by-parcel online access and offered an exported spreadsheet or SQL file for a fee or, later, free.
- Township uses proprietary mass-appraisal software (Assessors IMS©) licensed from JRM Consulting; license forbids disclosure of the software and its native-format files; JRM asserts copyright, trade-secret, and proprietary protections.
- Plaintiff sued for declaratory/injunctive relief claiming online, parcel-by-parcel access is not "reasonable access" under FOIA section 8.5 and that the township must produce the native database file.
- On remand from an earlier appellate reversal, parties filed cross-motions for summary judgment; township supported its motion with JRM president Marquardt’s affidavit and the software license agreement.
- Trial court granted township summary judgment, finding exemptions under FOIA §7(1)(a) (information prohibited from disclosure by state or federal law—Trade Secrets Act and copyright law) and §7(1)(g) (proprietary/confidential trade-secret information) applied to preclude release of the database in native format; plaintiff’s discovery and challenges to JRM’s IP claims were rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FOIA requires township to provide database in native file format (reasonable access under §8.5) | Garlick: requiring parcel-by-parcel retrieval imposes ~2,600 hours and is not "reasonable access"; FOIA intended easier access | Township: online posting satisfies §8.5; it offered exported data formats (Excel/SQL); the native format is proprietary and not disclosable | Court: summary judgment for township affirmed as exemptions bar disclosure of native-format database; reasonable-access question rendered moot as native file is exempt |
| Whether township (or its vendor) possess valid trade-secret protection preventing disclosure under FOIA §7(1)(g) and Trade Secrets Act | Garlick: underlying property data and common database schemas are public/industry standard and not protectable trade secrets | Township/JRM: software, native file formats, schemas and table layouts contain proprietary, secret information; license requires secrecy and nondisclosure | Court: Marquardt’s affidavit and license provided objective indicia of secrecy and competitive harm; exemption applies and bars disclosure in native format |
| Whether federal copyright law precludes disclosure of the native database file (§7(1)(a) exemption) | Garlick: database structure is dictated by common industry standards; merger doctrine/idea–expression limits mean no copyright protection for schema/layout | Township/JRM: software and native files are copyrighted and JRM is exclusive owner; disclosure would distribute copyrighted work | Court: challenge to copyright validity is not properly resolved in FOIA proceedings; trial court correctly treated copyright as a bar to disclosure of native-format software/files |
| Whether plaintiff was entitled to additional discovery (depositions) to challenge JRM’s IP claims | Garlick: Rule 191(b) depositions needed to show falsity of JRM’s positions and to obtain evidence that formulas/structure are public | Township: plaintiff’s Rule 191(b) affidavit was deficient and the FOIA proceeding is not the forum to litigate copyright/trade-secret validity | Court: denied additional discovery; plaintiff failed to satisfy Rule 191(b); IP validity challenges are beyond appropriate scope of FOIA action |
Key Cases Cited
- Outboard Marine Corp. v. Liberty Mut. Ins. Co., 154 Ill.2d 90 (summary-judgment standard for drawing inferences)
- Crum & Forster Managers Corp. v. Resolution Trust Corp., 156 Ill.2d 384 (de novo review of summary-judgment rulings)
- Illinois Education Ass'n v. Illinois State Bd. of Educ., 204 Ill.2d 456 (affidavits as objective indicia to support FOIA exemption claims)
- Bowie v. Evanston Community Consolidated School Dist. No. 65, 128 Ill.2d 373 (FOIA purpose to open government records)
- Assessment Technologies of WI, LLC v. WIREdata, 350 F.3d 640 (7th Cir.) (distinction between copyrightable database compilation and public-domain raw data)