Circuit court lawsuit says records exempt
By Tom Loftus
tloftus@courier-journal.com
The Courier-Journal
FRANKFORT, Ky. -- The governor's office has appealed a ruling by the attorney general's office that calls for the release of e-mails to and from Gov. Ernie Fletcher.
Fletcher's office filed suit Friday in Franklin Circuit Court against The Courier-Journal and staff writer Tom Loftus, asking for a ruling that the e-mails are exempt from release under various exceptions to the Kentucky Open Records Act.
The lawsuit also asks that the court rule that release of the e-mails would be "a violation of the separation of powers mandated by the Kentucky Constitution."
In its lawsuit, the governor's office said the e-mails fall under one or more exceptions to the law that allow withholding certain correspondence with private individuals; preliminary records in which opinions are expressed or policies formulated; communications with lawyers regarding legal advice; and records which, if released, would constitute an unwarranted invasion of privacy.
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