Rickey Joe Taylor v. Town of Lynnville
M2016-01393-COA-R3-CV
| Tenn. Ct. App. | Jul 13, 2017Background
- Rickey Joe Taylor sought access to town records (meeting minutes and related documents) from the Town of Lynnville via three requests: an oral December 2015 request, a written January 6, 2016 request, and an oral January 20, 2016 request; the Town did not permit inspection in response to these requests.
- The town recorder, Amanda Gibson, responded to the January 6 written request by offering inspection dates but conditioned access on an "upfront charge of $150," although Taylor had not asked for copies.
- On January 20 Gibson told Taylor he could return that afternoon to inspect records; when he did, she refused access, said she could not reach the town attorney, and again conditioned later access on a $150 fee.
- Taylor filed a petition under the Tennessee Public Records Act (TPRA). The chancery court found the January 20 request was denied and ordered production, but held the denial was not willful and denied attorney’s fees.
- The Court of Appeals reversed as to willfulness, concluding the Town willfully denied access by imposing an unlawful upfront fee and by refusing inspection without a valid legal basis; remanded for reconsideration of attorney’s fees and for appellate fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether December 2015 oral request was denied | Taylor: request made during business hours and was denied | Town: request occurred when town hall was closed; no duty to provide access | Court: trial court credited Town; December request not actionable because made when offices closed |
| Whether Jan. 6 written request was denied | Taylor: letter conditioned inspection on illegal upfront $150 fee, thus denial | Town: claimed response offered inspection dates (no denial) | Court: conditioning inspection on fee (when no copies requested) constituted denial under TPRA |
| Whether Jan. 20 oral request was denied | Taylor: Gibson initially said records could be viewed that afternoon but then refused and demanded $150 | Town: production was impracticable; Gibson was busy and sought attorney advice | Court: denial was improper; production that afternoon was practicable and Town denied access when Taylor returned |
| Whether Town’s denial was "willful" under TPRA (attorney’s fees prerequisite) | Taylor: illegal fee and refusal without legal basis show willfulness; entitlement to fees (including appellate fees) | Town: acted in good faith, followed attorney advice; not willful | Court: denial was willful because Town had no good-faith legal basis; remanded to reconsider award of trial attorney’s fees and to award appellate fees/costs |
Key Cases Cited
- Tennessean v. Metropolitan Government of Nashville, 485 S.W.3d 857 (Tenn. 2016) (recognizing long-standing public right of access and construing TPRA broadly)
- Schneider v. City of Jackson, 226 S.W.3d 332 (Tenn. 2007) (discussing willfulness standard under TPRA and award of attorney’s fees)
- Friedmann v. Marshall County, 471 S.W.3d 427 (Tenn. Ct. App. 2015) (willfulness assessed by validity of legal position, not moral bad faith)
- Clarke v. City of Memphis, 473 S.W.3d 285 (Tenn. Ct. App. 2015) (reiterating willfulness test: denial unsupported by existing law or good-faith argument warrants fees)
- Arnold v. City of Chattanooga, 19 S.W.3d 779 (Tenn. Ct. App. 1999) (discussing treatment of "bad faith" language in TPRA fee context)