Advocacy organization brought action against city alleging that the city violated the Public Records Act (PRA) by failing to disclose an unredacted market feasibility study for a proposed redevelopment project.
The Superior Court awarded summary judgment to the city. Advocacy organization appealed.
The Supreme Court of Vermont held that:
- The study was exempt from disclosure under the PRA trade secrets exemption despite voluntary submission of redacted version of the study to city;
- Developer made reasonable efforts to protect the confidentiality of information contained in the study, as required for that information to be exempt; and
- Even if the city’s acknowledgment of a non disclosure agreement with developer was not binding on the city, the study was protected by trade secrets exemption.