CIVIL PROCEDURE – Mootness: Lexington-Fayette Urban County Government v. LEXHL, LP (COA 11/13/2009)

Lexington-Fayette Urban County Government v. LEXHL, LP
2008-CA-002145 11/13/09 2009 WL 3786630

Opinion by Judge Wine; Judges Stumbo and Thompson concurred.
The Court affirmed a summary judgment entered in favor of the appellee newspaper on the appellant county government’s declaratory judgment action seeking a declaration that the litigation exception to the Open Meetings Act allowed it to close council meetings in order to answer requests for information propounded by administrative agencies. The Court held that the trial court correctly concluded that the matter was moot because the underlying action was no longer pending before the agency. Given the unique and specific nature of the controversy, the county government did not show that a similarly-situated party would be subject to the same action again or even that the precise factual scenario could be duplicated so as to show the issue was capable of repetition, yet evading review, in order to meet the exception to the mootness doctrine.

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