Journal Times v. City of Racine Bd. of Police & Fire Comm’rsAnnotate this Case
The Journal Times of Racine and its editor (collectively, the Newspaper) commenced this mandamus action under Wis. Stat. 19.37(1)(a) after the City of Racine Board of Police and Fire Commissioners (Commission) denied the Newspaper’s request seeking information pertaining to a special meeting that the Commission held in closed session. The Commission subsequently provided the Newspaper the information it had requested. The circuit court granted the Commission’s motion for summary judgment, concluding that the Newspaper’s record request had become moot. The court of appeals reversed and remanded solely for a determination of whether the Newspaper was entitled to attorney fees and costs. The Newspaper appealed, arguing that the court of appeals erred in remanding the matter where the award should instead by made as a matter of law. The Commission also appealed, arguing that the Newspaper did not prevail in its lawsuit. The Supreme Court reversed, holding that the Newspaper did not prevail in substantial part in the action and was therefore not entitled to its requested relief.