2022 WI 57 SUPREME COURT OF WISCONSIN CASE NO.: 2019AP96 COMPLETE TITLE: Friends of Frame Park, U.A., Plaintiff-Appellant, v. City of Waukesha, Defendant-Respondent-Petitioner. REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 394 Wis. 2d 387, 950 N.W.2d 831 PDC No: 2020 WI App 61 - Published OPINION FILED: July 6, 2022 SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 9, 2021 SOURCE OF APPEAL: COURT: Circuit COUNTY: Waukesha JUDGE: Michael O. Bohren JUSTICES: HAGEDORN, J., delivered the majority opinion of the Court with respect to ¶3, in which ZIEGLER, C.J., ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined, an opinion with respect to ¶¶13-24, in which ZIEGLER, C.J., and ROGGENSACK, J., joined, and an opinion with respect to ¶¶1-2, 4-12, 25-38. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined. KAROFSKY, J., filed a dissenting opinion, in which ANN WALSH BRADLEY and DALLET, JJ., joined. NOT PARTICIPATING: ATTORNEYS: For the defendant-respondent-petitioner, there were briefs filed by John M. Bruce and West & Dunn, LLC, Two Rivers. There was an oral argument by John M. Bruce. For the plaintiff-appellant, there was a brief filed by Joseph R. Cincotta and The Law Offices of Joseph R. Cincotta, Milwaukee. There was an oral argument by Joseph R. Cincotta. An amicus curiae brief was filed by James A. Friedman, Maxted M. Lenz and Godfrey & Kahn, S.C., Madison, for the Wisconsin Broadcasters Association, the Wisconsin Freedom of Information Council, the Wisconsin Newspaper Association, the Wisconsin Transparency Project, and the Reporters Committee for Freedom of the Press. There was an oral argument by James A. Friedman. 2 2022 WI 57 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2019AP96 (L.C. No. 2017CV2197) STATE OF WISCONSIN : IN SUPREME COURT Friends of Frame Park, U.A., Plaintiff-Appellant, FILED v. JUL 6, 2022 City of Waukesha, Sheila T. Reiff Clerk of Supreme Court Defendant-Respondent-Petitioner. HAGEDORN, J., delivered the majority opinion of the Court with respect to ¶3, in which ZIEGLER, C.J., ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined, an opinion with respect to ¶¶13-24, in which ZIEGLER, C.J., and ROGGENSACK, J., joined, and an opinion with respect to ¶¶1-2, 4-12, 25-38. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined. KAROFSKY, J., filed a dissenting opinion, in which ANN WALSH BRADLEY and DALLET, JJ., joined. REVIEW of a decision of the Court of Appeals. Reversed. ¶1 BRIAN HAGEDORN, J. In this public records case, the City of Waukesha denied access to a draft contract with a private entity to protect ongoing negotiations and until it consulted with the City's Common Council. The requester brought a mandamus action seeking access to the withheld contract. Two No. 2019AP96 days later, after a meeting of the Common Council, the City turned over the record to the requester. ¶2 The first issue in this case relates to attorney's fees in public records cases. …
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