Washington County argues for dismissal of Freedom of Information Act lawsuit

FAYETTEVILLE, Ark. (KNWA/KFTA) — Attorneys who filed a lawsuit claiming violations of the Freedom of Information Act by the Washington Water Authority filed a motion to dismiss Washington County from the lawsuit, according to court documents.

The lawsuit was filed in Washington County Circuit Court by attorneys Joey McCutchen and Stephen Napurano from Fort Smith, along with their client Mickey Wayne Wagner.

Washington County was accused of violating FOIA in 2023 by failing to record all of the board meetings, according to the lawsuit.

The lawsuit says Wagner sent a FOIA request to the custodian of records at the Washington Water Authority on February 29, 2024, seeking, among other things, digital recordings of all board meetings dating back to January 1, 2023.

The motion filed on Friday seeks to dismiss Washington County but not the Washington Water Authority. The lawsuit contends the Water Authority is a governing body bound by the opening meeting provisions of FOIA and required to record meetings and retain them for at least one year by law.

The county argued in court filings seeking the dismissal of the case that the water authority is not under the control of the county government and is an independent entity created by the Rural Development Authority of Washington County.

To see the original story on the lawsuit, click here .

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