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March 22, 1999

Mr. Terrence S. Welch
Vial, Hamilton, Koch & Knox, L.L.P.
1717 Main Street, Suite 4400
Dallas, Texas 75201-7388

OR99-0781

Dear Mr. Welch:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID#122986.

The City of McKinney (the "city"), which you represent, received a request for documents relating to the operation of the McKinney Municipal Airport (the "airport") from January 1, 1972 to December 10, 1998, the date of the request. You explain that the documents responsive to the present request are the same as those at issue in Open Records Letter No. 98-2589 (1998). Open Records Letter No. 98-2589 held that most of the information may be withheld under section 552.103. You state that you have released what the prior ruling required you to release. Furthermore, you explain that the circumstances have not changed since the previous ruling. Thus, we conclude that you may continue to withhold the requested information in accordance with Open Records Letter No. 98-2589.

Lastly, you contend that the request was made in bad faith and that, consequently, the city should not be required to respond to the request. We note that section 552.301 of the Government Code requires a governmental body to respond to a written request for information.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Yen-Ha Le
Assistant Attorney General
Open Records Division

YHL/nc

Ref: ID# 122986

Enclosures: Submitted documents

cc: Mr. Roger D. Sanders
Sanders, O'Hanlon & Motley, P.L.L.C.
111 South Travis Street
Sherman, Texas 75090
(w/o enclosures)


 

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