Schmitz v. State Board of Chiropractic Examiners

Citations

• 971 N.W.2d 892
• 2022 ND 52

Syllabus

When this Court remands for the district court to review an executive session of a board in-camera, the directive for an in-camera review becomes the law of the case when challenged on appeal. Section 44-04-19.1(5), N.D.C.C., defining an attorney consultation exemption for open meetings, is unambiguous and provides two separate avenues for a governing body to close an open meeting. Portions of a meeting recording that do not fit within the definition of \attorney consultation\ must be made public. While attorney's fees are not mandated when a party brings forth a civil action rather than an administrative action alleging an open records violation, the type of action brought and how much information the party receives are not rational considerations in deciding whether to award attorney's fees.