Debbie Benefield, State Representative Bernie Buescher, State Representative Morgan Carroll, State Representative…

Summary

The court held that a person who applies for and obtains a court order permitting inspection of a public record is a "prevailing applicant" entitled to costs and reasonable attorney fees under the Colorado Open Records Act, even if the person succeeds only as to some requested records. The statute's single condition requires an award when the custodian's denial was not proper, while the amount of the award must be apportioned to the records as to which the applicant succeeded. Chief Justice Rice, joined by Justice Hobbs, dissented and would have allowed the district court to determine whether the applicant prevailed on a significant issue in the litigation.