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Opinion

Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Peter J. Summe, a private attorney, is not bound by the Open Records Act. Therefore his actions relative to Brent Springer's open records request for records relating to case # 95-P-00922, a case in which Mr. Summe was appointed by the court to settle the estate of Mr. Springer's father, did not violate the Act. We believe that 01-ORD-24; 01-ORD-40, copies of which are attached hereto and incorporated by reference, are controlling.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

Brent Springer, # 167737Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472

Peter J. Summe3384 Madison PikeFort Wright, KY 41017

LLM Summary
The decision concludes that Peter J. Summe, a private attorney appointed by the court to settle an estate, is not subject to the Open Records Act regarding his actions in case # 95-P-00922. The decision cites previous opinions (01-ORD-024 and 01-ORD-040) as controlling in reaching this conclusion, indicating that the reasoning in these opinions was followed.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Brent Springer
Agency:
Peter J. Summe
Type:
Open Records Decision
Lexis Citation:
2005 Ky. AG LEXIS 295
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