<br><br>61.882 Jurisdiction of Circuit Court in action seeking right of inspection -- Burden <br>of proof -- Costs -- Attorney fees. <br>(1) The Circuit Court of the county where the public agency has its principal place of <br>business or the Circuit Court of the county where the public record is maintained <br>shall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, by <br>injunction or other appropriate order on application of any person. <br>(2) A person alleging a violation of the provisions of KRS 61.870 to 61.884 shall not <br>have to exhaust his remedies under KRS 61.880 before filing suit in a Circuit Court. <br>(3) In an appeal of an Attorney General's decision, where the appeal is properly filed <br>pursuant to KRS 61.880(5)(a), the court shall determine the matter de novo. In an <br>original action or an appeal of an Attorney General's decision, where the appeal is <br>properly filed pursuant to KRS 61.880(5)(a), the burden of proof shall be on the <br>public agency. The court on its own motion, or on motion of either of the parties, <br>may view the records in controversy in camera before reaching a decision. Any <br>noncompliance with the order of the court may be punished as contempt of court. <br>(4) Except as otherwise provided by law or rule of court, proceedings arising under this <br>section take precedence on the docket over all other causes and shall be assigned for <br>hearing and trial at the earliest practicable date. <br>(5) Any person who prevails against any agency in any action in the courts regarding a <br>violation of KRS 61.870 to 61.884 may, upon a finding that the records were <br>willfully withheld in violation of KRS 61.870 to 61.884, be awarded costs, <br>including reasonable attorney's fees, incurred in connection with the legal action. If <br>such person prevails in part, the court may in its discretion award him costs or an <br>appropriate portion thereof. In addition, it shall be within the discretion of the court <br>to award the person an amount not to exceed twenty-five dollars ($25) for each day <br>that he was denied the right to inspect or copy said public record. Attorney's fees, <br>costs, and awards under this subsection shall be paid by the agency that the court <br>determines is responsible for the violation. <br>Effective: July 14, 1992 <br>History: Amended 1992 Ky. Acts ch. 163, sec. 7, effective July 14, 1992. -- Created <br>1976 Ky. Acts ch. 273, sec. 7. <br><br>