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Neisner v. Town of Killington, No. 16-00004, 2016 WL 7441637 (D. Vt. Dec. 27, 2016) (Murtha, J.)

Date

Neisner v. Town of Killington, No. 16-00004, 2016 WL 7441637 (D. Vt. Dec. 27, 2016) (Murtha, J.)

 

Re: Requests for records maintained by Vermont town

 

Disposition: Dismissing plaintiff's FOIA claim

  • Procedural Requirements, Entities Subject to the FOIA: The court holds that "[p]laintiff's FOIA claim is dismissed with prejudice because a federal FOIA claim cannot be asserted against a Vermont town." The court explains that "[t]he immutable defect in the complaint is that 'agency' includes federal governmental agencies but does not extend to municipalities such as the Defendant."
Court Decision Topic(s)
District Court opinions
Procedural Requirements, Entities Subject to the FOIA
Updated December 16, 2021