Consumer Credit Research Foundationv.Board Of Regents Of The University System Of Georgia Et Al.
The Consumer Credit Research Foundation sought to prevent the University System of Georgia from releasing research correspondence about payday loans in response to a Georgia Open Records Act request. The trial court granted summary judgment to the Board of Regents and the Campaign for Accountability, concluding that the statutory exemption for academic research materials gave state agencies discretion to disclose them. The Georgia Court of Appeals held that the trial court’s interpretation conflicted with controlling Georgia Supreme Court precedent. Under that precedent, an agency’s compliance with a specific Open Records Act exemption is mandatory rather than discretionary, and a private party may seek to enjoin disclosure of exempt records. Because the trial court decided the case under an erroneous legal theory, the appellate court vacated its summary-judgment order and remanded for further proceedings consistent with the opinion.
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