Bergano v. City of Va. Beach (P)

In providing its VFOIA responses regarding its legal fees, the City of Virginia Beach’s extensive redactions were not justified by the attorney-client and work-product exceptions to the extent the circuit court held they were.

For example, the court is at a loss for why a cursory billing entry for “trial preparation and document review” would fall under either VFOIA exception. Similarly, disclosing the entry for “attend trial (Day One)” would not in any way reveal confidential client communications, analytical work product, motives for litigation, or compromise litigation strategy. The redacted records include additional similar entries.

Reversed and remanded.

Bergano v. City of Va. Beach (P), No. 171183, Dec. 6, 2018. SCV (McCullough) from Va. Beach (Padrick).

Categories: Opinions, Published, Supreme Court of Virginia

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