00-3126 GPS Inc. v. Town of St. Germain

By: dmc-admin//August 13, 2001//

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The Town of St. Germain appeals an order granting GPS, Inc.’s petition for a writ of mandamus seeking to compel the Town to release three documents under Wis. Stat. sec. 19.35, the open records law. The Town argues that the circuit court erred by conducting a balancing test to determine whether the release of the documents was in the public’s interest.

We conclude that the circuit court did err by conducting a balancing test. We hold that documents subject to the attorney-client privilege are exempt from disclosure.

Because the court did not determine whether the withheld documents are subject to the attorney-client privilege, we reverse the order and remand for further proceedings consistent with this opinion.

Not recommended for publication in the official reports.

Dist III, Vilas County, Mohr, J., Peterson, J.

Attorneys:

For Appellant: William P. O’Connor, Madison; Mary Beth Peranteau, Madison

For Respondent: Neal A. Nielsen III, Eagle River

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