Jerrie O'connor, Respondent/cross-appellant V. Lewis County, Appellant/cross-respondent, 55111-0

On June 25, 2019, attorney Lauren Berkowitz requested all billing records from Lewis County relating to Jerrie O’Connor’s tort claim/lawsuit.
The County responded June 28, notified the requester that records might be produced in installments, and estimated an August 1 status update; County staff began collecting records and encountered personnel and system changes.
The County gave a cost estimate Sept. 13 ($3.16); O’Connor paid and the County delivered the first installment Sept. 24, told her it was still searching and would provide a status or estimate by Oct. 22.
O’Connor filed suit on Oct. 3 alleging (1) denial of access under RCW 42.56.550(1) and (2) unreasonable time estimate under RCW 42.56.550(2); the unreasonable-estimate claim was later settled by stipulated judgment.
The County continued producing two additional installments (Oct–Dec); it finished production Dec. 18 and then closed the request.
The superior court denied the County’s summary judgment motion, found one installment constituted a denial-by-delay, awarded limited penalties and attorney fees; the Court of Appeals reversed, holding the denial claim was premature and directing dismissal and reversal of awards.

Issue	O’Connor’s Argument	Lewis County’s Argument	Held
Whether the PRA denial-of-access claim was ripe when filed	O’Connor argued the County had effectively denied access by delaying production (one installment constituted a denial)	County argued the request remained open and it was actively producing records in installments, so suit was premature	Court held the suit was premature: County was still processing and producing records when suit was filed, so no denial had occurred
Whether the superior court correctly awarded penalties, fees, costs	O’Connor argued she prevailed and was entitled to penalties, fees, and costs	County argued dismissal of the denial claim would defeat prevailing-party status and awards	Court reversed the awards because dismissal of the denial claim means O’Connor was not the prevailing party
Whether O’Connor was entitled to attorney fees on appeal	O’Connor requested fees on appeal under the PRA	County opposed because O’Connor did not prevail on appeal	Court denied appellate fees because O’Connor did not prevail on appeal

Freedom Found. v. Dep’t of Soc. and Health Servs., 9 Wn. App. 2d 654 (2019) (requestor cannot bring a denial claim until the agency has denied and closed the request)
Hobbs v. State, 183 Wn. App. 925 (2014) (defining when a denial occurs — when it reasonably appears the agency will not or will no longer provide responsive records)
Cortland v. Lewis County, 14 Wn. App. 2d 249 (2020) (when records are produced in installments, denial does not occur until all responsive records production is finished)