Director denies Scholl appeal; Logan City records remain protected as settlement/attorney work product

Mister Scholl challenged Logan City's classification of documents related to a proposed acquisition and settlement strategy around a disputed trail/property matter, arguing the city failed to identify and properly classify withheld records and that public interest favored disclosure.

Scholl said the city had disclosed negotiation terms to sellers and therefore could not now claim blanket confidentiality. "Confidentiality is not self-executing under GRAMA," Scholl told the director, and urged disclosure of offer letters, title reports and a draft complaint.

City counsel Abdullahi argued the records are protected under GRAMA's settlement-negotiation provisions and attorney work-product/privilege categories, and that disclosure could undermine candid settlement discussions and legal strategy. He also said some of the contested records are tied to contemplated litigation and were prepared in anticipation of litigation.

After review, Director Pearson agreed the city had sufficiently shown the records fit the settlement negotiation and attorney privilege categories and that redactions to invoices and some materials were appropriate. He denied the appeal, ruled that withheld documents are properly classified, and said the city must produce records as public once a final settlement or purchase is concluded.

Why it matters: The ruling clarifies how GRAMA's settlement-negotiation protections and attorney work-product privilege apply in local real-estate negotiations and emphasizes that pre-settlement documents can stay protected until the transaction is final.

Next steps: Director Pearson will issue a written decision within seven business days; either party may appeal to district court within 30 calendar days.