American Tradition Inst. v. Rector & Visitors of Univ. of Va.Annotate this Case
The American Tradition Institute and Robert Marshall (collectively, “ATI”) sent a request to the University of Virginia (“UVA”), seeking all documents that Dr. Michael Mann, a climate scientist and former professor, had produced and/or received while working for UVA. When ATI failed to receive the documents, it filed a petition for mandamus and injunctive relief in the trial court. The trial court conducted an in camera review of some of the documents UVA designated as exempt from disclosure, and subsequently entered an order finding UVA carried its burden of proof that the records withheld under the Virginia Freedom of Information Act met each of the requirements for exclusion. The Supreme Court affirmed, holding (1) the circuit court did not err by denying the request for disclosure of the documents at issue; and (2) the trial court did not err in allowing UVA to demand a reasonable fee for the cost of reviewing the documents sought under the statutory exclusions.