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    Deborah Toomey
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    Deborah Toomey filed a motion for judgment on the pleadings, damages, declaratory, and injunctive relief against the City of Truth or Consequences and others regarding her request under the Inspection of Public Records Act (IPRA) for an audit log. She argues that the audit log is a public record under IPRA and that the city's $15,000 fee for the record was illegal. She asks the court to declare the city violated IPRA, order the city to produce the requested records, declare the fee illegal, and award her damages and costs.

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    100119 Motion for Judgment on Pleadings

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    Deborah Toomey filed a motion for judgment on the pleadings, damages, declaratory, and injunctive relief against the City of Truth or Consequences and others regarding her request under the Inspection of Public Records Act (IPRA) for an audit log. She argues that the audit log is a public record under IPRA and that the city's $15,000 fee for the record was illegal. She asks the court to declare the city violated IPRA, order the city to produce the requested records, declare the fee illegal, and award her damages and costs.

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    74 views3 pages

    Motion For Judgment On Pleadings

    Uploaded by

    Deborah Toomey
    Deborah Toomey filed a motion for judgment on the pleadings, damages, declaratory, and injunctive relief against the City of Truth or Consequences and others regarding her request under the Inspection of Public Records Act (IPRA) for an audit log. She argues that the audit log is a public record under IPRA and that the city's $15,000 fee for the record was illegal. She asks the court to declare the city violated IPRA, order the city to produce the requested records, declare the fee illegal, and award her damages and costs.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 3

    c,TATE OF NEVI MEX\

    SEVENTH JU.OICIAL DISTRICT COURT

    FILED

    STATE OF NEW MEXICO IN THE SEVENTH JUDICIAL DISTRICT COURT COUNTY OF SIERRA

    2010 JRN 19 PrI 3 17


    COURT--.C~K hI\&t\ni p~\ DE UTY BY __C ---

    STATE OF NEW MEXICO ex rel. DEBORAH TOOMEY, an individual, Petitioner, NO. D-0721-CV2009-98 vs. JUDGE: WILLIAM SANCHEZ CITY OF TRUTH OR CONSEQUENCES, et al. Respondents.
    )

    PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS, DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF COMES NOW pro se petitioner, Deborah Toomey, to submit this Motion for Judgment on the Pleadings, Damages, Declaratory and Injunctive Relief for the IPRA request for the audit log.

    MEMORANDUM
    1.
    2.

    INSUPPORT

    The audit log exists as the pleadings and exhibits clearly demonstrate.
    A computerized database is a public record under the Inspection of

    Public Records Act. Crutchfield v. Taxation & Revenue Dep't. 2005-NMCA-022,


    137 N.M. 26, 106 P. 3d 1273.
    PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS - D-0721-CV2009-98 Page 1

    3.

    IPRA specifically excludes charging for the redaction of confidentia

    information, and no fee may be charged, even printing, for any document which i redacted. 14-2-9 NMSA 1978. 4. Burdensome and overly broad is not a valid exception to IPRA. Stat

    of New Mexico ex reI. Newsome v. Alarid, 90 N.M. 790, 568 P.2d 1236. WHEREFORE, for all the reasons enumerated herein and in the pleadin s on file, Petitioner prays that: 1. The Court declare Respondents have violated IPRA with regard
    0

    Petitioner's records request; 2. The Court issue a writ of mandamus or injunction orderi g

    Respondents to produce the records and information requested; 3. The Court issue an order declaring the $15,000 fee was a demand f(])r

    an illegal fee; 4. The Court enter an order for such other and further relief as the Court

    deems just and proper, including but not limited to an award of Petitionerls damages and costs. DATED: January 19,2010. Deborah L. Toomey, pro se 415 W. Riverside Drive Truth or Consequences NM 8790 1 (575) 740-1091
    PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS - D-0721-CV2009-98

    Page 2

    CERTIFICATE OF HAND DELIVERY The undersigned hereby certifies that a copy of the PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS, DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF was hand delivered to the Attorney for Respondents, Law Office of Jaime F. Rubin, 314 Main Street, Truth or Consequences, NM, 87901, on the 19th day of January, 2 10.

    Deborah L. Toomey, 0 se 415 W. Riverside Drive Truth or Consequences NM 87901 (575) 740-1091

    PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS - D-0721-CV2009-98

    Page 3

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