Washington, DC

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DMPED 2011-63

Monday, October 17, 2011
Reference: 
2011-63

Summary:
Request for records related to selection of and /or payment to developers, consultants, appraisers, and appraisals and appraisal reviews, for the Skyland Shopping Center redevelopment project.  Payments made and the mere Description of work performed for the District’s litigation involving Skyland properties is not exempt from disclosure under the attorney-client privilege, deliberative process privilege, or work product privilege. There is no basis for withholding appraisals or other records under FOIA because the records have been provided in litigation.  An agency may redact non responsive information.  

Exemption/Issue:
D.C. Official Code § 2-534(a)(4) –(deliberative due process, attorney client privilege; work-product privilege)

Disposition:

Uphold in part, reversed and remanded in part.