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Case No. 18-1068

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

Attorneys for Appellant

Michael J. Meloy

Attorneys for Appellee

Sean M. O'Brien and Catherine M. Lucas

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1068
Date Published:
Jul 03, 2019
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. 

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