In a published decision, the Michigan Court of Appeals has interpreted the meaning of the statutory 180-day period within which a person has to file a complaint for a violation of the Freedom of Information Act (FOIA). The Court held that the date from which the 180-day period commences is the date that the denial or other disposition of the FOIA request is actually mailed. As noted by the Court this avoids a shortened period where the government holds the disposition of the FOIA request after it makes its initial determination as to its disposition. This appears to be a principled and well-reasoned decision relying on statutory interpretation and the practical effect of denying a FOIA request and giving the requesting party sufficient time to file a complaint.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Published In: Civil Procedure Updates, Civil Remedies Updates, Communications & Media Updates, Insurance Updates, Privacy Updates
Reference Info:Decision | State, 6th Circuit, Michigan | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Carson Tucker, Law Offices of Carson J. Tucker, JD, MSEL | Attorney Advertising