CaseAMERICAN TRADITION INSTITUTE, ET AL. v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, ET AL.
(Record Number 130934)
FromThe Circuit Court of Prince William County, P. Sheridan, Judge.
CounselDavid W. Schnare (ATI Environmental Law Center) and D.Z. Kaufman (Kaufman Law Group, PLLC) for appellants.
Richard C. Kast and Madelyn F. Wessel for appellee, Rector and Visitors of the University of Virginia. Peter J. Fontaine and Scott J. Newton for appellee, Michael Mann.
Assignments of Error
1. The trial court erred in holding "of a proprietary nature" as used in § 2.2-3705.4(4) means "a thing or property owned or in the possession of one who manages and controls them."
2. The trial court erred in allowing the University to demand payment for the cost of exclusion review of documents sought.
4. The trial court erred in finding UVA carried its burden of proof that the records withheld [exclusively] under § 2.2-3705.4(4) meet each of the requirements for exclusion.