Indiana Supreme Court to hear oral arguments in public records dispute
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The Indiana Supreme Court will hear oral arguments in November for a case involving a Marion County man that sued the Indiana Election Division in a public records dispute.
According to court documents, Christopher Nardi requested three sets of public records from the Indiana Election Division.
The division denied two of Nardi’s requests and notified him that the third document—a contract—was publicly available. But the state later removed the contract from the public portal.
After reviewing the online document, Nardi filed a complaint with the Indiana Public Access Counselor, and, when that was unsuccessful in achieving disclosure of the documents, he sued J. Bradley King and Angela Nussmeyer in their official capacities as members of the division pursuant to the Indiana Access to Public Records Act.
Nardi sought review, and the Marion Superior Court directed the division to provide a redacted copy of the contract; and granted Nardi one-third of his requested attorney’s fees.
Nardi contended that the trial court abused its discretion in failing to award him the entire amount of fees and costs he had requested, which was $61,471.30, while the division argued that the trial court erred in awarding Nardi any fees and costs because he had failed to substantially prevail in his lawsuit.
The Court of Appeals reversed the fee award. Nardi v. King, 235 N.E.3d 863 (Ind. Ct. App. 2024), trans. pending.
In its opinion, the appellate court ruled that the trial court erred in finding that Nardi had substantially prevailed over the appellees, which means that it also erred in awarding him any fees or costs.
Nardi petitioned the Indiana Supreme Court to accept jurisdiction over the appeal.
The high court will hear oral arguments Nov. 19 at 11 a.m. in the Supreme Court Courtroom.