Arizona Daily Independent
On Tuesday, the state Court of Appeals ruled in favor of utility watchdog, Warren Woodward. The Court reversed and remanded Yavapai County Superior Judge Jeffrey Paupore’s ruling in a case brought by Woodward involving “smart meters.”
Judge Diane Johnsen wrote the opinion for the unanimous three-judge panel.
The court awarded costs to Woodward, which amount to approximately $550, due to the fact that he represented himself.
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Johnsen wrote, “Although the Commission argues at length on appeal that as a factual matter, it made a good faith effort to comply with Woodward’s public records request, those facts are for the superior court to rule on in the first instance, not this court. Contrary to the Commission’s contention, Woodward’s complaint alleged facts sufficient to state a claim that the agency failed to disclose documents subject to disclosure under the public records law. Accordingly, the court erred by dismissing the complaint without resolving Woodward’s claim that the Commission failed to produce public record documents.”
