Board of Directors of the City of Hot Springs v. Pritchett

Summary

The Arkansas Supreme Court dismissed as moot the Board of Directors of the City of Hot Springs’ challenge to a finding that it violated the Arkansas Freedom of Information Act after the Board subsequently voted in public to cease televising its public-comment period. The court held that neither exception to the mootness doctrine applied. It affirmed the award of attorney’s fees and costs because the Board failed to raise its substantial-justification argument in the circuit court.

Holdings

1. The Board's challenge to the circuit court's finding that it violated FOIA was moot because the Board subsequently took the action required by the circuit court, terminating the controversy between the parties.
2. Neither the capable-of-repetition-yet-evading-review exception nor the substantial-public-interest exception applied.
3. The award of $3,000 in attorney's fees and $530 in costs was affirmed.

Questions Presented

1. Whether the Board's challenge to the circuit court's finding that it violated FOIA was moot after the Board took the public action required by the circuit court.
2. Whether the appeal presented an exception to the mootness doctrine because the issue was capable of repetition yet evaded review or involved substantial public interest.
3. Whether the circuit court erred in awarding appellees attorney's fees and costs under Arkansas Code Annotated section 25-19-107(d)(1), where the Board argued on appeal that its position was substantially justified.

Disposition

other