Dr. Allen Diercks
v.
The City of Bettendorf, Iowa, and Kristine Stone
Appellant
Dr. Allen Diercks
Appellee
The City of Bettendorf, Iowa, and Kristine Stone
Attorney for the Appellant
Michael J. Meloy
Attorney for the Appellee
Sean M. O'Brien and Catherine M. Lucas
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (19 pages)
Allen Diercks appeals the district court’s denial of his claim based on the alleged failure of the City of Bettendorf and City Attorney Kristine Stone to provide documents pursuant to Iowa Code chapter 22 (2017) (the Iowa Open Records Act). OPINION HOLDS: Because the district court erred in concluding the records requested were not public records, we reverse and remand for further proceedings. We leave it to the district court on remand to consider the City’s claims of privilege and that statutory exceptions to disclosure exist.
