341 So.3d 765
La. Ct. App.2022Background
- Zillow requested an electronic copy of the 2020 assessment/tax roll for all parcels in East Feliciana Parish, asking for the data in its native/text format (the format Zillow uses on its site).
- Assessor Jeffrey Gardner replied that his office only had the data in PDF format and initially quoted a $2,500 fee; later offered a PDF copy for $25 to "dump" to disk; Zillow rejected PDF as unusable for its purposes.
- Zillow sued for a writ of mandamus seeking production of the native-format database (or an order authorizing the assessor's vendor to release it), attorney fees, and penalties.
- Bench trial was held on documentary evidence and counsel argument only (no live testimony); the district court found the assessor must produce records in the format he maintains but is not required to create a new format, and it dismissed Zillow's petition.
- The First Circuit affirmed, concluding the assessor had only produced documentary evidence showing the data existed in PDF format, the $25 offer was reasonable, and there was no legal basis to order the assessor or his vendor to produce a different native-format file.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus should issue to compel production | Zillow: mandamus proper because public records were withheld in usable form; assessor must provide native-format data or authorize vendor | Gardner: he offered the records in the format he maintains (PDF); not required to create or convert records; some data may be third-party/confidential | No mandamus; court affirmed dismissal because custodian must produce records in the format he maintains but need not create new format |
| Whether the assessor's native-format database is a public record in his custody | Zillow: the native database is a public record and should be produced | Gardner: the native-format database is maintained by a third-party/vendor and not in his custody; some items may be confidential | Court found insufficient evidence assessor had native-format file in custody and treated the database as not shown to be a public record in his possession |
| Who bears burden of proof on exemptions/possession | Zillow: burden should not be on requester when public-records doubts favor disclosure | Gardner: custodian may rely on evidence showing limits of possession/format | Court applied public-records principles (doubt favors disclosure) but accepted district court factual finding that assessor only had PDF; no manifest error |
| Whether counsel argument suffices as evidence that vendor maintains native file / assessor could authorize release | Zillow: counsel asserted vendor transmits native data to state and could provide it | Gardner: counsel's statements are not competent evidence; assessor's responses indicate only PDF available; confidentiality concerns hinder vendor release | Court relied on documentary record and found no competent evidence proving assessor had the requested native file or would/should authorize vendor to release it |
| Entitlement to attorney fees and penalties for arbitrary withholding | Zillow: fees and civil penalties appropriate for arbitrary refusal | Gardner: he offered records and complied by offering PDF; no arbitrary withholding | Court denied fees and penalties; found no arbitrary or capricious withholding given assessor's demonstrated position and offer to produce PDF for a reasonable fee |
Key Cases Cited
- Nungesser v. Brown, 667 So. 2d 1036 (La. 1996) (custodian not required to produce a form that does not exist)
- Shane v. Parish of Jefferson, 209 So. 3d 726 (La. 2016) (public records law construed liberally in favor of access)
- Williams Law Firm v. Board of Sup'rs of La. State Univ., 878 So. 2d 557 (La. App. 1 Cir. 2004) (custodian not required to create new documents in requested format)
- Hoag v. State, 889 So. 2d 1019 (La. 2004) (definition and limits of ministerial duties for mandamus)
- Hilliard v. Litchfield, 822 So. 2d 743 (La. App. 1 Cir. 2002) (custodian bears burden to prove a record is not subject to disclosure)
- Salinger Group, Inc. v. City-Parish of East Baton Rouge, 309 So. 3d 373 (La. App. 1 Cir. 2020) (mandamus standards and public-records remedies discussed)