Nabholz Construction Avoids Arkansas Freedom of Information Request
The Arkansas Supreme Court reversed an order requiring disclosure of documents under the Arkansas Freedom of Information Act in Nabholz Construction Corp. v. Contractors for Public Protection Association, No. 07-843 (11/1/07).
The University of Arkansas hired Nabholz for construction work on its Fayetteville campus. The CFPPA submitted a FOIA request to the university related to the expenditure of public funds on various buildings. The university provided all the documents it had but responded that Nabholz had possession of documents regarding pricing and change orders. The CFPPA filed suit against Nabholz under FOIA, and the trial court directed Nabholz to produce the documents.
The supreme court reversed, but on narrow grounds. The court held that a private company alone cannot be sued under FOIA. The court refused to determine if the documents at issue are public records. More importantly, the court strongly hinted that FOIA could compel production of the documents if the university is included in the lawsuit.
