Bradbury v. Shaw
Bradbury v. Shaw, 1976 N.H. LEXIS 361 (1976)
Winning Party
Susan Bradbury
Key Issue
Violation of the Right to Know Law, RSA ch. 91-A (Supp. 1975)
Case Type
CIVIL
Facts
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The mayor of Rochester created an industrial advisory committee.
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The committee consisted of businessmen, newspapermen, and city council members.
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The committee discussed the extension of city water and sewer lines and the construction of new streets.
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The committee met monthly and contacted potential investors.
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The committee was involved in the sale of city-owned land.
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Key Holdings
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The mayor's industrial advisory committee's involvement in governmental programs and decisions brought it within the scope of the right-to-know law.
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Attorney's fees are properly awarded to the plaintiff under RSA 91-A:8 (Supp. 1975) when the plaintiff prevails, even if the defendant's position is sustained in part, and good faith secrecy is not a defense to the award of attorney's fees.
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The trial court's ruling denying the defendants' motion for costs for reproduction of documents was not erroneous.
Citations
Bradbury v. Shaw, 1976 N.H. LEXIS 361, 116 N.H. 388, 360 A.2d 123 (1976)
Legal Reasoning
The court reasoned that the mayor's industrial advisory committee was subject to the right-to-know law because of its involvement in governmental programs and decisions. The court also held that attorney's fees were properly awarded to the plaintiff because the purpose of the attorney's fees provision is to promote the statutory objective of public access to information. Finally, the court found no error in the trial court's denial of the defendants' motion for costs for the reproduction of documents.
Outcome
Defendants' exceptions overruled, affirming the trial court's judgment.
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