Bergano v. City of Virginia Beach

The Supreme Court reversed the judgment of the circuit court denying Appellant’s petition for a writ of mandamus asking the court to compel the City of Virginia Beach to limit the scope of the redaction the City provided in response to Appellant’s request for documents under the Virginia Freedom of Information Act (VFOIA), holding that the circuit court’s application of the attorney-client and work-production exceptions was excessively broad.Appellant made a request under VFOIA asking for records of all legal fees an expert invoices relating to all of the City’s expenses in litigating against him in federal court. After the City provided extensively redacted records Appellant filed his petition for writ of mandamus. The circuit court denied the petition, concluding that the attorney-client exception and the work-product exception justified the City’s redactions. The Supreme Court reversed and remanded for a further in camera review and for disclosure of unreacted billing records, holding that the circuit court allowed the City to withhold some entries from disclosure when those records plainly did not fall within the VFOIA exceptions for work-product and attorney-client privilege. View "Bergano v. City of Virginia Beach" on Justia Law