(08/04/2012)
By Lawrence Smith
Kanawha Bureau
WV Record

CHARLESTON - As a result of his attorney's failure to show for recent hearing, a Clay County man's Freedom of Information lawsuit is on the brink of being dismissed.

Kanawha Circuit Judge Charles E. King, Jr. denied a motion by Michael Boggs to amend his suit against the Clay County Business Development Authority. The reason King denied the motion was due to the failure of Boggs' attorney, David R. Karr, Jr., to appear at the July 24 hearing to argue why.

Records show Karr filed the motion on Dec. 9. The reason for it was to state with specificity the reason why the state Development Office was a defendant in the suit.

During the hearing, Doren Burell, WVDO's attorney said the proposed amended complaint he received from Karr failed to do that.

"Though it names my client," Burrell said, "it does not allege any failure."

"It seems they should be dismissed, and the matters should be referred back to Clay County under that venue," he added.

According to court records, Boggs, a former board member, filed suit against both the CCBDA, and the Clay County Commission in Clay Circuit Court in 2010 seeking to compel release of certain documents he requested under the state Freedom of Information Act.

Among the documents he requested were quarterly reports from 2008-2010 of itemized receipts and disbursements from the Authority to the Commission, and its annual reports during those same years of all its activities.

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