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April 23, 1999

Mr. Matthew R. Scott
Cooper & Scully
900 Jackson Street, Suite 100
Dallas, Texas 75202

OR99-1081

Dear Mr. Scott:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 125666.

The City of Coppell received a request for "court documents ordering me to, I quote, 'Please return the documents and any and all copies you have made of the documents to the city secretary by 2:00 p.m. today." You seek to withhold the responsive records under section 552.103(a).

Section 552.103(a) excepts from required public disclosure information

(1) relating to litigation of a civil or criminal nature or settlement negotiations, to which the state or a political subdivision is or may be a party or to which an officer or employee of the state or a political subdivision, as a consequence of the person's office or employment, is or may be a party; and

(2) that the attorney general or the attorney of the political subdivision has determined should be withheld from public inspection.

The documents you submitted as responsive to the request are "An Application for a Temporary Restraining Order and Temporary and Permanent Injunction" and a "Temporary Restraining Order." These documents are court records and therefore public by nature. See, Star-Telegram, Inc. v Walker, 834 S.W.2d 54 (Tex. 1992). You must release the submitted records.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

William Walker
Assistant Attorney General
Open Records Division

WMW/eaf

Ref.: ID# 125666

encl. Submitted documents

cc: Mr. John Robinson
540 Christi Lane
Coppell, Texas 75019
(w/o enclosures)


 

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