Joey McCutchen v. City of Fort Smith, Arkansas Dennis Kelly Gary Campbell Andre' Good and Ken Pyle

Summary

The court held that the City Administrator did not violate the FOIA by giving individual Board members an explanatory memorandum about a proposed ordinance before an open study session because the contacts provided background information and did not solicit or obtain approval for Board action. The court also held that the City and intervenors lacked a justiciable controversy supporting their constitutional declaratory-judgment claims, reversed those declarations, and declined to overrule Harris because the legislature had not amended the statute after the court’s interpretation. The court therefore affirmed in part and reversed in part.