|Office of the Attorney General - State of Texas
November 1, 1999
Dear Ms. DeCluitt:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 129459.
The City of College Station (the "city") received a request for documents relating to a proposed city landfill project.(1) You originally claimed that the requested information is excepted from disclosure under section 552.103 of the Government Code. However, in subsequent correspondence submitted to our office, you indicated that the city no longer reasonably anticipates litigation, and therefore, you have withdrawn your section 552.103 claim. Since you have raised no other exceptions to the disclosure of the submitted information, the city is required to release the information in its entirety. See Gov't Code §552.301.
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.
Carla Gay Dickson
Ref: ID# 129459
Encl. Submitted documents
cc: Mr. C.J. Kling
PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
The following file is ready for issuance. The draft ruling are attached. Unless we hear from you otherwise by 5:00 p.m. today, the decision will be issued.
ID # 129459: The City of College Station (the "city") received a request for information related to a proposed landfill site. The city originally asserted that the information was protected from disclosure pursuant to Government Code section 552.103 (the "litigation exception"). The city subsequently submitted correspondence indicating that it no longer reasonably anticipated litigation and was therefore withdrawing its claim under 552.103. Since the city raised no other applicable exceptions, we found that the submitted information must be released in its entirety.
cc: Becky Payne
1. You refer to this request as PWKMM Request No. 24.
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US