Peter Fritz challenged the Department of Taxation’s refusal to disclose its communications with the State Legislature, during the 2016 legislative session, lobbying for changes to State law. Fritz had encountered the same resistance from the Department during the 2009 legislative session, which led the Office of Information Practices to issue an informal decision requiring the Department of Taxation to disclose its lobbying efforts. Nevertheless, the Department refused to provide access to its 2016 legislative communications, claiming protection under the deliberative process privilege. After Fritz filed this case, the Department disclosed the records. Fritz filed a motion for summary judgment, and the Department filed a motion to dismiss. On September 20, 2017, both substantive motions were denied as moot with leave for Plaintiff to seek fees and costs. Based on a settlement agreement, the parties filed a stipulation to dismiss. The case was assigned to Judge James H. Ashford. Civil No. 16-1-2120-11 JHA.
- Complaint (11/18/16)
- Answer (1/9/17)
- Plaintiff’s Motion for Summary Judgment (6/6/17)
- Full version of motion with exhibits (searchable)
- Defendant’s Memorandum in Opposition (8/7/17)
- Plaintiff’s Reply Memorandum (8/10/17)
- Amicus Curiae Memorandum (8/17/17)
- Motion for Leave to File Amicus Curiae Memorandum [Tax Foundation of Hawaii] (7/27/17)
- Defendant’s Motion to Dismiss (7/28/17)
- Plaintiff’s Memorandum in Opposition (8/7/17)
- Defendant’s Reply Memorandum (8/10/17)
- Order Denying Motion for Summary Judgment and Motion to Dismiss (9/20/17)
- Stipulation for Dismissal with Prejudice of All Claims and Parties (2/21/18)