Gregory Fodness v. Newport and Cocke County Economic Development Commission, Inc.

This case involves the interpretation of a portion of the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503. The issue presented is whether the statutory exemption set forth in Tenn. Code Ann. § 10-7-503(d)(1) is available to the Appellee which is a nonprofit joint municipal-county economic development commission. The trial court granted the commission’s motion for summary judgment, finding that the exemption was applicable and the commission did not have to provide its records to the Appellant. We hold that the commission is entitled to the statutory exemption, but that there is a genuine question of material fact as to whether the commission is the functional equivalent of a public agency. Accordingly, we vacate the judgment and remand for further proceedings consistent with this opinion.