Prins v Michigan State Police et al

Court of Appeals Interprets 180-day Period within which to File FOIA Complaint

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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.

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Law Offices of Carson J. Tucker, JD, MSEL on:

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