Lisa Censabella v. Hillsborough County Attorney
Lisa Censabella v. Hillsborough County Attorney
Opinion
The petitioner, Lisa Censabella, appeals the Superior Court's ( Mangones , J.) dismissal of her petition for relief against Hillsborough County Attorney Dennis Hogan under the Right-to-Know Law, RSA chapter 91-A. The petitioner argues that the trial court erred in ruling that she was not a "person aggrieved" under RSA 91-A:7 (2013) and, therefore, lacked standing to pursue this action. We reverse and remand.
The record establishes the following facts. In March 2017, the petitioner, by and through her attorney, filed a petition seeking, among other things, to enjoin the respondent from further violations of the Right-to-Know Law. The petitioner claimed to be a person aggrieved, under RSA 91-A:7, by the respondent's alleged violations of RSA chapter 91-A occurring between December 28, 2015 and November *76 29, 2016. The petition alleges that Attorney Tony Soltani filed a Right-to-Know Law request on her behalf with the respondent seeking information regarding another individual, but that the response to the request and to follow-up requests made by Soltani over the ensuing eleven months was late and incomplete. At no time during the exchange did Soltani reveal that the petitioner was his client for the purpose of the request, nor did the respondent inquire for whom the requests were being made. The first time the petitioner's name was revealed was in the petition filed in the superior court.
The respondent moved to dismiss, asserting that, because the petitioner was not identified directly or indirectly in any of the requests made by Soltani, she lacked standing to bring the petition. The trial court granted the respondent's motion. This appeal followed.
Generally, in ruling upon a motion to dismiss, the trial court is required to determine whether the allegations contained in the petitioner's pleadings are sufficient to state a basis upon which relief may be granted.
K.L.N. Construction Co. v. Town of Pelham
,
Addressing the standing issue requires us to interpret RSA chapter 91-A. The ordinary rules of statutory construction apply to our review of the Right-to-Know Law.
N.H. Right to Life v. Dir., N.H. Charitable Trusts Unit
,
The purpose of the Right-to-Know Law "is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people." RSA 91-A:1 (2013);
see
N.H. Right to Life
,
The Right-to-Know Law provides "[e]very citizen" with a right to inspect and copy government records except as otherwise *77 prohibited by statute. RSA 91-A:4, I (2013). RSA 91-A:4, IV (Supp. 2017) requires public bodies and agencies to make such government records available upon request. RSA 91-A:8, I (2013) provides that public bodies, agencies, or officials who violate the provisions of this chapter shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under the chapter, provided that the court finds the lawsuit was "necessary in order to enforce compliance with the provisions of this chapter or to address a purposeful violation of this chapter." The statute allows "[a]ny person aggrieved" to petition for injunctive relief, and appear "with or without counsel." RSA 91-A:7.
Thus, our decision turns on whether the petitioner was a "person aggrieved" within the meaning of the statute.
See
RSA 91-A:7. The respondent argues that standing requires parties to have personal legal or equitable rights that are adverse to one another, with regard to an actual, not hypothetical, dispute, which is capable of judicial redress,
Duncan v. State of N.H.
,
"Whether a person's interest in the challenged administrative action is sufficient to confer standing is a factual determination to be undertaken on a case by case basis."
Golf Course Investors of NH v. Town of Jaffrey
,
At the outset, nothing in the statute required the petitioner to "directly" request inspection of government records. Indeed, the statute specifically anticipates that a claimant may appear with counsel when pursuing a remedy. See RSA 91-A:7. It follows that a claimant may make his or her request for records through counsel.
At issue is whether the identity of the petitioner must be disclosed in the request. The requester's motives in seeking disclosure are irrelevant to the question of access.
Lambert v. Belknap County Convention
,
Furthermore, given the competing interests inherent in a request to the government for disclosure, it would not be unreasonable for a requester to desire anonymity in the early stages when making a Right-to-Know Law request. Such requests may implicate political, policy, or
*78
public interest considerations, particularly when the request is pursued by a whistleblower or advocacy organization. Practical considerations also weigh in favor of requests made by attorneys on behalf of clients who are not able to participate directly. Moreover, a construction which allows an undisclosed client to seek disclosure through counsel is consistent with our common law of agency, which permits undisclosed principals to act through agents.
See
Bryant v. Wells
,
Relying upon federal case law interpreting the FOIA, the trial court concluded that as an unidentified requester, the petitioner did not have standing to bring this action.
See
McDonnell v. United States
,
Notably, the FOIA derives from a legislative effort to promote government transparency, not from a constitutionally mandated public right to open government and accountability.
Cf
.
McBurney v. Young
,
Accordingly, we conclude that the trial court erred in granting the respondent's motion to dismiss for lack of standing. Whether the agency relationship actually existed at the time of the request is a factual matter, which, if challenged, would need to be decided by the trial court, as would the merits of the petitioner's claim. Id . at 884. We reverse and remand for further proceedings consistent with this opinion.
Reversed and remanded .
LYNN, C.J., and HICKS and BASSETT, JJ., concurred.
Reference
- Full Case Name
- Lisa CENSABELLA v. HILLSBOROUGH COUNTY ATTORNEY
- Cited By
- 1 case
- Status
- Published